- 6 - discrimination claims, and "claims based on theories of contract or tort." The Release also provided that the benefits received for signing "constitute consideration for this release, in that there are benefits to which you would not have been entitled had you not signed this release." This language indicates that IBM considered the payments to petitioners as compensation for release of all potential claims, including, but not limited to, tort claims. This is supported by IBM's inclusion of each award in petitioners' W-2 forms. There is nothing in the Release to show that it was tailored to a specific incident or named individual. The Release is so broad it covers any potential existing claim; it is not designed to compensate for a specific tort violation except incidentally. 2. Damages received Petitioners must also demonstrate that "the damages were received 'on account of personal injuries or sickness.'" Commissioner v. Schleier, supra at 337 (quoting sec. 104(a)(2)). Where a settlement agreement contains a number of claims, does not allocate the portion excludable under section 104(a)(2), and there is no other evidence that a specific claim was meant to be singled out, the court must consider the entire amount taxable. Taggi v. United States, supra at 746; Sodoma v. Commissioner, T.C. Memo. 1996-275. Cf. Stocks v. Commissioner, supra at 17. In this case, there was no division of the award by the parties.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011