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of any reasonable doubt as to the facts will result in denial of
the motion for summary judgment. Hoeme v. Commissioner, 63 T.C.
18, 20 (1974).
The facts presented below are stated solely for purposes of
deciding respondent's motion for summary judgment.
Background
Petitioner was employed by International Business Machines
Corporation (IBM) until his termination on April 20, 1992.
Petitioner was employed to develop, manage, and present trade
shows.
At some point prior to July 31, 1992, petitioner became
eligible to participate in the IBM Modified and Extended
Individual Transition Option Program (ITO II Program). The ITO
II Program allows IBM employees to resign or retire early,
receiving lump-sum payments and other benefits. Petitioner was
required to sign a General Release and Covenant Not to Sue (the
release) as a condition for receiving the lump-sum payment and
benefits pursuant to the ITO-II program. The release is broadly
written and covers any and all possible and potential claims in
contract or in tort arising from employment or termination of
employment. Pertinent sections of the release read as follows:
In exchange for the sums and benefits which you
will receive pursuant to the terms of the * * * [ITO-II
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