- 4 - from the Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights Act of 1964, as amended, and any other federal or state law dealing with discrimination in employment on the basis of sex, race, national origin, religion, disability, or age. You also agree that this release includes claims based on theories of contract or tort, whether based on common law or otherwise. * * * * * * * * * * You acknowledge and agree that: 1. The benefits provided pursuant to the ITO II Program constitute consideration for this release, in that there are benefits to which you would not have been entitled had you not signed this release. * * * * * * * 3. This release does not waive any claims you may have which arise after the date you sign this release. None of the petitioners filed a claim of any type against IBM either prior to signing the Release or at any other time. Section 104(a)(2) provides that "gross income does not include * * * the amount of any damages received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal injuries or sickness". Sec. 1.104-1(c), Income Tax Regs. explains that the term "damages received" "means an amount received * * * through prosecution of a legal suit or action based upon tort or tort type rights, or through a settlement agreement entered into in lieu of such prosecution." Petitioners' "Oppositions" do not allege, nor does the record otherwise show, that any petitioner ever made any formal or informal claim against IBM. It therefore appears that there werePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011