- 14 - section 104(a)(2) because the ITO II program was "designed to avoid prosecution of a legal suit or action based upon tort or tort-type rights".6 Petitioners allege that, because employees who filed claims within 7 days of signing the ITO II agreement had to return any settlement payments, the settlement payment was made to avoid tort type litigation. Alternatively, petitioners contend that Ms. Allman caused injury to petitioners by coercing petitioner to sign up for the ITO II program and to terminate from IBM. Additionally, petitioners allege that, as a result of having to sign up for the ITO II program and to terminate employment with IBM through coercion and duress, petitioner had to accept a minimum-wage position to start a new career, suffered periods of unemployment, assumed debts totaling $25,000, and experienced great personal and family stress. As a final alternative, petitioners contend that they would have suffered even greater injury by filing "a claim against IBM instead of accepting the ITO II settlement". Petitioners' allegations are merely conclusions and not specific allegations of fact that, if true, would support a finding that the ITO payment was for personal injury or sickness as required by section 104(a)(2). For purposes of the instant 6 Additionally, we note that, in their petition, petitioners contested the deficiency on the grounds that the ITO payment "was made, under taxpayer duress, as consideration to the taxpayer for release of employer for any claim the taxpayer may have against employer for age discrimination and other potential tort claims."Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011