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signature on the agreement; if we have any changes to
make in the agreement, we must do so by 2:30 pm today
(because of my schedule). The check will be issued
promptly upon execution of a W-4 by you, an event which
cannot occur until I determine the exact amount of
exemptions for you to claim. I am certainly motivated
to make this determination ASAP; as we discussed yes-
terday, your faxing to me of your last pay stub re-
flecting year-to-date earnings and withholding will aid
me in determining the correct number of exemptions to
claim. Any delay in filling out the W-4 will delay the
issuance of the settlement check, but will not delay
your reporting to work, and will not delay the issuance
of your first paycheck (if the W-4 is filled out prior
to the end of the current pay period).
Please let this letter serve as written confirma-
tion that both Saul and I will be at your complete
disposal to resolve the tax situation, with no charge
for our time. In other words, both Saul and I will
spend as much time as is necessary, with no charge to
you for our time, to minimize the income taxes you will
have to pay to the IRS and State for the calendar years
1986-1994 inclusive.
After petitioner and a representative of the State of
Maryland signed the agreement, the State of Maryland paid on a
date not disclosed by the record around the end of April 1994
$170,000 ($170,000 settlement) to petitioner “less taxes due and
owed to the State and federal governments based on information
submitted by Deborah Messina in her W-4 Form”, as required by
paragraph 7 of the agreement. Under a contingency fee agreement
with Mr. Ober that petitioner and Mr. Ober signed around April 6,
1994, petitioner paid him $84,500 out of the $170,000 settlement.
During 1994, the State of Maryland also paid wages totaling
$24,170 to petitioner.
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