- 3 - 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-IIPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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