William C. and Josephine Houchin - Page 11

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               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.                                                                       




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