Michael M. Brennan - Page 3

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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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