Charles E. and Noel K. Bradley - Page 29

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               Petitioners contend that they have, by implication,                    
          established the $12 million was paid on account of Mr. Bradley’s            
          personal injury claims by virtue of negative inference.  In                 
          addition, they assert their right to arrange and conduct their              
          affairs to minimize adverse tax implications.  See Commissioner             
          v. Newman, 159 F.2d 848, 850-851 (2d Cir. 1947) (Hand, J.,                  
          dissenting).  They point to the Implementation Agreement, the               
          final settlement document, which they contend supersedes all                
          others and implements their tax planning.  They note it provides            
          the $12 million will be paid to Mr. Bradley “in settlement of all           
          direct claims * * * by Bradley against Ormet, whether relating to           
          the Litigations [the Six Lawsuits] or otherwise, including but              
          not limited to those libel and slander claims described in that             
          certain letter from Herbert Bennett Conner to Charles E. Bachman            
          dated August 11, 1995.”                                                     
               Respondent counters by arguing the disputes were settled by            
          the binding Settlement Term Sheet, which reflects the actual                
          basis of the settlement, and the Implementing Agreement does not            
          negate the Settlement Term Sheet.  Further, respondent contends             
          that the Six Lawsuits did in fact involve direct claims by Mr.              
          Bradley against both Ormet and Mr. Boyle and that these direct              


               29(...continued)                                                       
          Commissioner, 349 F.2d 610 (10th Cir. 1965), affg. T.C. Memo.               
          1964-33), affd. 676 F.2d 682 (1st Cir. 1982).  Thus, we do not              
          discuss whether the settlement payment was paid on account of               
          physical sickness.                                                          




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