- 3 - 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 orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011