- 11 - The terms of the Houchin settlement agreement dictate when the right of W.C. Houchin Corp. to the income accrued.6 The settlement agreement states that “the Settling Parties have executed this settlement Agreement as of December 21, 1998.” Petitioner William Houchin executed the settlement agreement on December 21, 1998. The codefendant executed a separate settlement agreement on December 21, 1998. Representatives of Exxon and ARCO executed both settlement agreements on December 22 and 31, 1998, respectively. Paragraph 18 states: “This Settlement Agreement shall become effective immediately upon execution by all the Settling Parties.” The settlement agreement was effective by December 31, 1998. Therefore, W.C. Houchin Corp.’s right to the settlement agreement income became fixed in 1998. The settlement agreement states that “ARCO and Exxon agree to wire transfer to Houchin’s attorneys * * * a total of $8 million ($8,000,000) on January 4, 1999 in full and complete compromise and satisfaction of * * * [Houchin’s] Counterclaim that his Royalty has been underpaid and in full and complete compromise and satisfaction of the [codefendant’s] Claim that its Royalty has been underpaid”. For purposes of the all-events 6 The codefendant had a separate settlement agreement and was not a party to the “Houchin” settlement agreement. Even so, the codefendant executed his settlement agreement on Dec. 21, 1998.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011