- 10 - testimony of Cassandra Nikituk, director of human resources for Boehringer and one familiar with personnel matters in connection with the restructuring, also supports that finding. Ms. Nikituk was the Boehringer official responsible for determining the amount of the special severance payment that would be offered to each laid off employee and for authorizing payment of that amount. She testified that the payment to petitioner was not the only case in which an offer of a special severance payment to a laid off employee was extended. Although Ms. Nikituk was not directly involved in the negotiations with petitioner, she testified that, at one point, she was asked by a Boehringer attorney to approve (and she did approve) an additional $2,500 as “a severance amount to settle this case amicably”. Lastly, Ms. Nikituk testified that it “was always * * * [her] understanding” that the payment to petitioner constituted severance pay. In Webb v. Commissioner, T.C. Memo. 1996-50, where we determined that an amount received by an employee leaving the employ of International Business Machines Corp. (IBM) was severance pay based on tenure and not damages, we accepted the dictionary definition of the term “severance pay” as “an allowance usually based on length of service that is payable to an employee on termination of employment.” (Citing Webster’s Ninth Collegiate Dictionary (1985).) That is an appropriatePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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