court accepted the the facts of the case i think are overwhelmingly clear the taxes weren't you she won premiums first of all much is made of the fact that the mandate for the and you didn't address taxes well that's not surprising because the issue of the time was the term completion payment the reality is that one set term completion unit was awarded the  amount of the tax payment was took some time but they mentioned write it it took a lot of time what it really took was fighting was a plaintiff fighting tooth and nail and one of the reasons we're here today is because the plaintiff believes addition the circuit court not once but twice directed the parties to engage in some negotiations to try to resolve the tax issues that's a clear indication that there are tax issues at play  as i understand it the argument they're making is that taxes were never an issue and in the never to mind their obligation to calculate and to pay so that's a little bit different but i could see that that's an argument that they need they ma spend a lot of time fighting with the defendant about this threshold obstacle it raised and once we did that then we'd have a fight about whether or not they were going to own up to their obligation to make the  i think the record shows that at every turn in this case from two thousand and five to today the plaintiff has imposed and then put forth whatever obstacles an office musician and hurdles they can possibly imagine to make is that expensive in just under four months and it was a very active four months the the defendants also admitted that dealing with the tax issues was a significant hurdle before we could even get paid in our term solutions payment and here's what here's what took place on your fourteenth the circuit court asked the defendants is there any dispute about  factual determination of whether or not the temper was proper and a factual determination of the tenor being proper or improper would be reviewed for an abuse of discretion so in a situation where the benefit of the check they kept that the entire time refused to return in interest of tax issue  number on the c and p later when they filed the second amended motion for entry of judgment so during this time period there wasn't a number out there that were all you know that they were waiting for us to agree to what we were doing was trying to  sitting for the amount of the additional service period came down able to twenty nine twenty ten prior to that there was numerous permutations of that player himself came up with four different permutations of that number just ignore the question can't stick your head in the sand and pretend doesn't exist you have to do something so the contra says if it's determined by the company that excise taxes are or would be too mean it doesn't matter if the i r s hasn't you wrote and said that the check is in is improper if we have cashed the check there would have been consequences to us in terms of social security taxes and medicare taxes and so forth so it was a  calculate what the term completion payment was due to serving or phoning it doesn't matter what the plaintiff did and i believe that's correct because the case law says it's a question of did the defendant have enough information when the defendant sat down and