- 9 - claims, which petitioner argues are claims for damages on account of personal injuries within the meaning of section 104(a)(2) (section 104(a)(2) damages). We need not make the apportionment requested by petitioner because petitioner has failed to prove that he received any section 104(a)(2) damages. When petitioner was laid off by Boehringer, he, like other laid off employees, was offered a package of benefits that included a special severance payment. To obtain a special severance payment, petitioner had to sign the separation agreement, which he did not do. Instead, petitioner entered into negotiations with Boehringer concerning his rights “under the ADEA and any other theories that are meritorious”. Apparently, Boehringer did not think much of petitioner’s claims, but did offer to increase what it described as “the original severance offer” by $2,500. Petitioner and Boehringer ultimately entered into the final agreement and, pursuant thereto, petitioner received the payment. Upon consideration of all the facts and circumstances, we believe and so find that Boehringer simply extended the period during which petitioner could accept its original offer of a special severance payment, sweetening it a bit, and, eventually, petitioner accepted the sweetened offer. That finding is supported by the terms of the final agreement, which, in relevant part, is substantially the same as the separation agreement. ThePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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