Charles E. and Noel K. Bradley - Page 39

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          determinative.  The fact that personal injuries were not                    
          mentioned in the Settlement Term Sheet supports the conclusion              
          that the personal injuries, or at least their dollar amount, were           
          contrived.                                                                  
               Mr. Dixon testified that he was not involved in the                    
          settlement, nor was he aware that, as a result of the execution             
          of the Settlement Term Sheet, the parties had agreed to release             
          the Six Lawsuits prior to petitioner’s receipt of Mr. Dixon’s               
          August 15, 1995, letter.33  Mr. Conner testified that the                   
          litigation among the parties pertained only to the filed suits              
          and not to any libel or slander suits.                                      
               After execution of the Settlement Term Sheet, petitioner               
          sought advice regarding treatment of part of the settlement                 
          proceeds as nontaxable.  Mr. Dixon first advised petitioner after           
          execution of the Settlement Term Sheet.  These facts are                    
          indicative that petitioner, Ormet, and Mr. Boyle were not                   
          previously involved in serious discussions or negotiations                  
          contemplating a payment for personal injuries.  Petitioner’s                
          attempted allocation of $12 million in the Implementing Agreement           


               33 Judge Stamp of the United States District Court for the             
          Northern District of West Virginia dismissed lawsuits number one,           
          two, and three of the Six Lawsuits on Aug. 10, 1995, and lawsuits           
          number five and six of the Six Lawsuits on Aug. 11, 1995.                   
          Lawsuit number four was resolved when Judge Stamp granted                   
          petitioner’s petition for relief from rules 23(e) and 23.1 of the           
          Federal Rules of Civil Procedure with respect to formal notice              
          and court approval of the global settlement of the parties on               
          Aug. 18, 1995.                                                              




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