Michael M. Brennan - Page 9

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          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.                       





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