George G. Green - Page 22

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                    4.  The State shall make a cash payment of                        
               $3,427,999.87 to Plaintiff for the damages for loss of                 
               earning capacity, mental anguish and suffering (past)                  
               and mental anguish and suffering (future), in                          
               accordance with the findings specified and incorporated                
               into the Final Judgment in Cause No. 480,701.                          
                    5.  The State shall fund annuities for additional                 
               damages associated with the Final Judgment in Cause No.                
               480,701, which in turn shall pay to Plaintiff monthly                  
               installments, commencing on January 4, 1996 and                        
               continuing until December 4, 1998, each in the amount                  
               of $13,499 with a final payment payable on                             
               January 4, 1999 in the amount of $3,000,000.  * * *                    
                    6.  For all other damages, including punitive,                    
               pre-judgment and post-judgment interest, the State                     
               shall fund an annuity or annuities, which in turn shall                
               pay to Plaintiff monthly installments, commencing on                   
               January 4, 1996 and continuing until December 4, 1998,                 
               each in the amount of $7,924 with a final payment                      
               payable on January 4, 1999 in the amount of $1,761,000.                
               * * *                                                                  
               The damages allocated in paragraph 4 are precisely traceable           
          to the jury award in petitioner’s whistleblower lawsuit, i.e.,              
          $2,500,000 of the damages awarded is for past and future mental             
          anguish and $927,999 is for loss of earning capacity.  Respondent           
          has conceded that all amounts received in 1995 pursuant to                  
          paragraph 4 are excludable from petitioner’s gross income.                  
               As a result of respondent’s concession, only the effects of            
          the allocations in paragraphs 5 and 6 are disputed.  The nature             
          of the claim and the intent of the payor must be determined by              
          examining the facts and circumstances surrounding the settlement            
          agreement.                                                                  







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