- 40 - was contrived. See Robinson v. Commissioner, 102 T.C. 116 (1994), affd. on this issue and revd. in part. 70 F.3d 34 (5th Cir. 1995); Burditt II v. Commissioner, T.C. Memo. 1999-117. C. Intent of the Payor In the absence of any express language in the agreement, the intent of the payor is the most important factor in determining the purpose of the payment. Pipitone v. United States, 180 F.3d at 864; Kurowski v. Commissioner, 917 F.2d 1033, 1036 (7th Cir. 1990), affg. T.C. Memo. 1989-149; Knuckles v. Commissioner, 349 F.2d 610, 613 (10th Cir. 1965); Agar v. Commissioner, 290 F.2d 283, 284 (2d Cir. 1961), affg. T.C. Memo. 1960-21; Metzger v. Commissioner, 88 T.C. 834, 847-848 (1987), affd. without published opinion 845 F.2d 1013 (3d Cir. 1988); Kroposki v. Commissioner, T.C. Memo. 1997-563. Petitioner and Ormet negotiated the terms of the Settlement Term Sheet for several months before agreeing to a final version. Paragraph 10 of the Settlement Term Sheet finalized their mutual assent stating: “This Term Sheet is intended to constitute a binding agreement among the parties thereto, subject only to the negotiation and execution of satisfactory documentation.” Although the binding nature of the settlement terms was explicitly stated in the Settlement Term Sheet, whether thePage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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