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allegations or denials, but must set forth specific facts showing
there is a genuine issue for trial. Rule 121(d). The existence
of any reasonable doubt as to the facts will result in denial of
the motion for summary judgment. Hoeme v. Commissioner, 63 T.C.
18, 20 (1974).
The facts presented below are stated solely for purposes of
deciding respondent's motion for summary judgment.
Background
Petitioner was employed by International Business Machines
Corp. (IBM) as a physicist for more than 31 years. While at IBM,
petitioner developed a dozen patents, and was responsible for
developing, along with other engineers, the world's first
commercial laptop computer for IBM. At the time petitioner
ceased his employment with IBM, he was over 40 years old.
At some point prior to July 31, 1992, petitioner became
eligible to participate in the IBM Modified and Extended
Individual Transition Option Program (ITO II Program). The ITO
II Program allows IBM employees to resign or retire early,
receiving lump-sum payments and other benefits. Petitioner was
required to sign a General Release and Covenant Not to Sue (the
release) as a condition for the sums and benefits, including the
lump-sum payment pursuant to the ITO II program. The release is
broadly written and covers any and all possible and potential
claims in contract or in tort arising from employment or
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