- 29 - 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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