Michael G. Kroposki - Page 10

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            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 appropriate                              





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