- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011