- 7 - Petitioners have presented no evidence that a portion of the award was intended to be excluded. Therefore, the entire amount must be included in gross income. Petitioners contend that they were singled out by IBM because they could have filed age/job discrimination claims. They contend that IBM purposely intimidated and harassed them in order to reduce its work force; ultimately they were told to take the buy-out or risk losing their jobs. They allege that they were then forced to sign the Release before they were paid. The ITO II Program paid 2 weeks per year of service versus 1 week per year under IBM's existing ITO reduction in force program. Petitioners claim that the additional week represented payment for personal injury. While petitioners may or may not have had actionable claims against IBM, at issue here is the excludability of the ITO II payments. When petitioners signed the Releases, they had not brought suits against IBM. There is no evidence that they even talked to IBM about doing so. Regardless of whether any of them may have had a bona fide grievance against IBM, each accepted IBM's offer, which IBM sweetened by adding an extra week's pay to the formula for computing the amount payable. And although petitioners may have thought they were settling claims, they presented no evidence that IBM shared that belief. The ITO II payments more fully resemble severance pay than settlements.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011