Allen L. and Diane A. Carey - Page 9

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            Commissioner, supra.2  By its terms, Mr. Carey released IBM from                             
            liability for both contract and tort claims, except those claims                             
            arising after the date of signature.  The release makes no                                   
            allocation of the lump-sum payment.  The record herein reflects                              
            no basis for any such allocation.                                                            
                  Finally, as in the other IBM payment cases, the amount of                              
            Mr. Carey's lump-sum payment was calculated on length of service                             
            and salary.  The release states that if Mr. Carey were rehired by                            
            IBM, he could be required to repay some portion of the lump-sum                              
            payment based on the number of weeks off the IBM payroll compared                            
            with the number of weeks' salary used to calculate the lump-sum                              
            payment.  As in Keel v. Commissioner, T.C. Memo. 1997-278, Sodoma                            
            v. Commissioner, supra, and Webb v. Commissioner, T.C. Memo.                                 
            1996-50, the lump-sum payment herein appears to have been                                    
            severance pay rather than a payment for personal injury.                                     
            Severance pay, just like the pay it replaces, is taxable income.                             
                  We hold that the lump-sum payment is not excludable from                               
            gross income under section 104(a)(2).  Accordingly,                                          
                                                       Respondent's motion for                           
                                                 summary judgment will be granted                        
                                                 and decision will be entered for                        
                                                 respondent.                                             



            2  See also Adams v. Commissioner, T.C. Memo. 1997-357; Keel v.                              
            Commissioner, T.C. Memo. 1997-278.                                                           




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