- 24 - attorney, Mr. Conner, to review Mr. Dougherty’s memorandum of August 11, 1995, and assemble all the documents showing damage to his reputation. Petitioner also contacted his attorney, Brett Dixon (Mr. Dixon), to review the tax issues related to the settlement. By memorandum dated August 15, 1995, Mr. Dixon stressed the importance of inserting language into the Implementing Agreement which would reflect that the $12 million payment was for petitioner’s actual personal and/or physical injury. He wrote: In light of the punitive-versus-actual damages issue we discussed with respect to the $12 million payment in settlement of the litigation, I think it is important to try to get language into the Implementing Agreement to the effect that the payment is being made in respect of actual personal injury (defamation, libel, slander, emotional distress) that you suffered as a result of this matter. It would also be helpful if you could document any physical injury or illness you suffered (severe emotional distress requiring treatment, etc); this would provide an alternative basis for exclusion (i.e., even if the personal injury damages are punitive, they relate to a physical condition). [Emphasis added.] Mr. Dixon further suggested that petitioner include “in the Implementing Agreement a covenant that the partics [sic] will respect the allocation between the different elements of recovery for all tax purposes.” As late as August 16, 1995, Mr. Dixon was still finalizing the language he believed would be ideal for petitioner to include in the Implementing Agreement. In his memorandum to petitioner of that date, Mr. Dixon suggested the following language be included in any final agreement:Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011