Dresdner Kleinwort "wrongfully and/or in breach of contract, has failed to pay each of the claimants the bonus awards that were allocated to them on 19 Dec. 2008, and the claimants claim the payment of those awards, alternatively damages, in these proceedings," according to the claim form issued in November 2009.
The payment of these awards were tied to the firm's per-share performance against the Standard & Poor's 500 Index over a period of time.
"Because bargaining has not been completed, there has been no final determination made on the payment of performance awards for the bargaining unit employee population," IRS spokeswoman Michelle Eldridge said in a statement.
If the company loses the motion, payment of an award would cut into the $590.5 million of cash, cash equivalents and marketable securities that it held as of Nov. 30.
"To continue to stall payment of the award would be to frustrate the very purpose of and reason for the arbitration".
"In all cases when a bug bounty award is processed through HackerOne, we receive identifying information of the recipient in the form of an IRS W-9 or W-8BEN form before payment of the award can be made," he said, referring to U.S. Internal Revenue Service forms.
But while such appeals do occur, securities lawyers not involved in the case said Goldman's effort to recover the payment of an arbitration award in bankruptcy court was unusual.
He has been declared bankrupt for failing to meet payments of damages awarded in defamation suits (not, on this occasion, brought by members of the cabinet).
The New Jersey Department of the Treasury, which is pursuing its own claim against Lehman in a separate case that was stayed because of the bankruptcy, objected to payment of the $15 million arbitration award.
The filmmakers and others who filed the suit have asked for an additional "incentive" payment of $10,000 to $15,000, a customary award for the named parties in class action lawsuits.
