- 9 - income under section 104(a)(2). Sodoma v. Commissioner, supra. Viewing the facts in the light most favorable to petitioner, it can be argued that petitioner's filing of complaints with IBM's grievance committee is at least some evidence of an existing dispute between the parties that could have provided the basis for settlement. Thus, we find, for purposes of this motion only, that petitioner has met the first prong of excludability under section 104(a)(2) in that he has established the existence of an underlying tort-type cause of action. See Commissioner v. Schleier, supra; also see Taggi v. United States, supra at 96 (a claim must be bona fide, but does not necessarily have to be sustainable or valid). We now turn to the language of the release itself. The release in this case is the same as that in Webb v. Commissioner, T.C. Memo. 1996-50, and essentially the same as that in Sodoma v. Commissioner, supra. By its terms, petitioner released IBM from liability for both contract and tort claims. The release, however, does not specifically indicate that the lump-sum payment received by petitioner was paid to settle a potential personal injury claim against IBM. We note that where the settlement agreement lacks express language stating what the settlement amount was paid to settle, then the most important factor is the intent of the payor. Knuckles v. Commissioner, 349 F.2d 610, 612 (10th Cir. 1965), affg. T.C. Memo. 1964-33; Stocks v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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