Robert C. Sodoma and Gwen A. Sodoma - Page 2

               This case is before us on respondent's motion for summary              
          judgment under Rule 121.2  The issue for consideration is whether           
          petitioners may exclude from gross income, under section                    
          104(a)(2), amounts received from Robert C. Sodoma's employer in             
          consideration for signing a general release and covenant not to             
          sue agreement.                                                              
               The disposition of a motion for summary judgment under Rule            
          121 is controlled by the following principles:  (1) The moving              
          party must show the absence of dispute as to any material fact              
          and that a decision may be rendered as a matter of law; (2) the             
          factual materials and the inferences to be drawn from them must             
          be viewed in the light most favorable to the party opposing the             
          motion; (3) the party opposing the motion cannot rest upon mere             
          allegations or denials, but must set forth specific facts showing           
          there is a genuine issue for trial.  Rule 121; Brotman v.                   
          Commissioner, 105 T.C. 141 (1995).                                          
               Respondent's motion is based on a stipulation of facts and             
          attached exhibits which are incorporated herein by this                     
               At the time the petition was filed, petitioners resided in             
          Austin, Texas.                                                              
               Prior to and during a portion of 1993, Mr. Sodoma was                  
          employed by the International Business Machines Corporation                 

          2  Unless otherwise indicated, all statutory references are to              
          the Internal Revenue Code in effect for the year in issue, and              
          all Rule references are to the Tax Court Rules of Practice and              

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