Charles E. and Noel K. Bradley - Page 24

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          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:                      





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