- 7 - As we see it, there are three types of injuries to which the IBM payments to Mr. Carey might be sourced. First, IBM may have been motivated to set up the retirement program as a method of ridding itself of "over-age" employees. However, this source does not permit exclusion pursuant to section 104(a) under the Age Discrimination in Employment Act of 1967, Pub. L. 90-202, 81 Stat. 602 (current version at 29 U.S.C. secs. 621-634 (1994)). Commissioner v. Schleier, supra. The second motive for payment might have been future claims for personal injuries, but this source is also precluded from the exclusion provided by section 104, Roosevelt v. Commissioner, 43 T.C. 77 (1964); Starrels v. Commissioner, 35 T.C. 646 (1961), affd. 304 F.2d 574 (9th Cir. 1962), as well as the provision of the release preserving Mr. Carey's right to pursue claims arising subsequent to the date of the release, see supra p. 4. Nor does the possibility of emotional distress arising out of pressure on Mr. Carey to sign the release provide a basis for applying the section 104(a) exclusion herein in the absence of any specific, meaningful allegations by petitioners in this regard. Sodoma v. Commissioner, T.C. Memo. 1996-275. A third source for the IBM payment might have been Mr. Carey's prior medical problems and the possible application of the Americans with Disabilities Act of 1990 (ADA), Pub. L. 101- 336, sec. 2, 104 Stat. 328 (current version at 42 U.S.C. sec. 12101 (1994)); Civil Rights Act of 1991, Pub. L. 102-166, sec.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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