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Exxon Valdez Oil Spill (EVOS) Litigation Bruce Gabrys, CPA, MBA MIKUNDA, COTTRELL & Co. CPA’s, Inc. (907) 278-8878 (office) (907) 223-6798 (cell) February.

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Presentation on theme: "Exxon Valdez Oil Spill (EVOS) Litigation Bruce Gabrys, CPA, MBA MIKUNDA, COTTRELL & Co. CPA’s, Inc. (907) 278-8878 (office) (907) 223-6798 (cell) February."— Presentation transcript:

1 Exxon Valdez Oil Spill (EVOS) Litigation Bruce Gabrys, CPA, MBA MIKUNDA, COTTRELL & Co. CPA’s, Inc. (907) 278-8878 (office) (907) 223-6798 (cell) February 25, 2008

2 BRUCE J. GABRYS Certified Public Accountant Commercial Fisherman (F/V Blue Chip II) Exxon Valdez Oil Spill Claimant

3 TYPES OF CLAIMANTS Fishermen & Crewmembers Fish Processors Tender Vessels Cannery Workers Subsistence Users Oiled Land Owners Recreational Business Owners Native Corporations Municipalities Aquaculture Associations

4 SETTLEMENT COMPONENTS Compensatory Damages (lost income, vessel & permit devaluation) Accrued Interest on Award Punitive Damage Award Attorney Fees*

5 Estimated Punitive Damage Award Punitive Damages Plus Interest (5.9%) Gross Award Less Deductions: 3% Case Mgmt Fee Seattle Seven Native Corporations 19.4% Attorney Fee Estimated Costs To Claimants B/4 Taxes 2,500,000,000 2,200,000,000 $4,700,000,000 141,000,000 501,000,000 211,300,000 745,600,000 40,000,000 $3,061,100,000

6 Size of Individual Awards Dollar Amount $4.0 Million to $800,000 $800,000 to $400,000 $400,000 to $80,000 $80,000 or Less Total Number of Individuals 840 927 3,779 27,988 33,534

7 Where Claimants Live

8 EVOS Litigation March 23, 1989 Exxon Valdez Spills 11 Million gallons of Crude Oil into Prince William Sound 1994 Jury Awards $5 Billion in Punitive Damages 2006 After 12 Years of Appeals Ninth Circuit Court Reduces Punitive Award to $2.5 Billion 2007 Exxon Appeal to the Supreme Court is Granted Oral Arguments Set for February 27, 2008 Decision Expected by June 2008. If Upheld, Money will be Distributed in Late 2008 or Early 2009

9 Issues Before Supreme Court Punitive Damages Only Issue Compensatory Damages Already Resolved and Paid 1818 Decision in The Amiable Nancy Supreme Court Case (Actions of the Captain) Clean Water Act (Does it Preempt Punitive Damage Awards) Justice Alito has Recused Himself from Case, Owns Exxon Stock

10 Estate Planning Issues Over 6,000 Claimants Have Died Since 1989 Exxon Valdez Oil Spill Closed Estates: Will Need to be Reopened Open Estates: Letters Testamentary or Letters Administration Must be Dated Within 12 Months of Settlement Award Distribution See Exxon Qualified Settlement Fund Handout

11 PROPOSED TAX LEGISLATION “EVOS Tax Treatment Act” Senator Murkowski is Working Hard for EVOS Claimants! IRA Contribution Up to $100,000 Three Year Income Averaging Exempts Award from Self Employment Tax Includes Beneficiaries of Estates Resolves Attorney Fee Deduction Issue Claimant Tax Savings Over $200 Million Not a Done Deal Yet, Needs Your Support!

12 MIKUNDA, COTTRELL & Co., CPA’s QUESTIONS? BRUCE GABRYS, CPA MIKUNDA, COTTRELL & Co. CPA’s 3601 C Street, Suite 600 Anchorage, AK 99503 (907) 278-8878 (office) (907) 223-6798 (cell) bgabrys@mcc-cpa.com


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