- 9 - for purposes of this motion only, that petitioners have met the first prong of excludability under section 104(a)(2). We now turn to the language of the release itself. The release in this case is the same as that in Brennan v. Commissioner, T.C. Memo. 1997-317, and in Webb v. Commissioner, T.C. Memo. 1996-50, and essentially the same as that in Sodoma v. Commissioner, supra. By its terms, petitioner released IBM from liability for both contract and tort claims. The release, however, does not specifically indicate that the lump-sum payment received by petitioner was paid to settle a potential personal injury claim against IBM. We note that where the settlement agreement lacks express language stating what the settlement amount was paid to settle, then the most important factor is the intent of the payor. Knuckles v. Commissioner, 349 F.2d 610, 612 (10th Cir. 1965), affg. T.C. Memo. 1964-33; Stocks v. Commissioner, supra at 10. Respondent argues that petitioner's failure to lodge any informal or legal tortlike claim against IBM prior to and at the time of signing the release establishes that there was no bona fide dispute between petitioner and IBM that could provide the basis for settlement. To prevail under section 104(a)(2), petitioner is not required to have asserted a legal claim agaist IBM prior to signing the release; however, the absence of any knowledge of the claim on the part of the employer-payor obviously has a negativePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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