- 3 - "General Release and Covenant Not to Sue" (the Release). In exchange, they received a lump sum from IBM, consisting of 2 weeks' salary for every year of service. On their 1992 returns, they each excluded the lump-sum payment from gross income. They each attached Form 8275, Disclosure Statement, to their 1992 returns, asserting that the lump-sum amount was excluded because it was "a payment reeived [sic] in exchange for the release and/or settlement of tort-type rights, as part of the former employer's ITO II Program."3 IBM instituted the ITO II Program as a method of reducing its workforce. Employees who participated in the program resigned or retired from IBM, receiving lump-sum cash payments and other benefits in exchange for signing the Release. If an ITO II participant was subsequently rehired by IBM or any of its subsidiaries, he was required to repay a prorated portion of the ITO II payment. The Release provides in pertinent part: In exchange for the sums and benefits which you will receive pursuant to the terms of the Modified and Extended Individual Transition Option Program (ITO II Program), [individual petitioner] agrees to release International Business Machines Corporation (hereinafter "IBM") from all claims, demands, actions or liabilities you may have against IBM which are related to your employment with IBM or the termination of that employment. * * * You also agree that this release covers, but is not limited to, claims arising 3 In docket No. 15204-95, involving petitioners Douglas and Joan Gamble, "reeived" was correctly shown as "received".Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011