- 8 - This conclusion is supported by the Release itself, which was not tailored specifically for petitioners, but was used generally for the ITO II Program. See Keel v. Commissioner, T.C. Memo. 1997- 278; Webb v. Commissioner, T.C. Memo. 1996-50. It is also supported by the amounts paid, which were based on years of service rather than specific injury. Petitioners also argue that IBM's actions caused personal injuries to petitioners after they signed the Release. This argument does not help petitioners, since the Release covered only existing claims against IBM. Petitioner "agrees to release [IBM] from all claims * * * you may have against IBM which are related to your employment with IBM". (Emphasis added.) See id. Petitioners have failed to demonstrate that a material issue of fact remains for trial. They have not shown that the amounts received under the ITO II program were paid in settlement of tort claims, or that any portion was "received 'on account of personal injuries or sickness.'" Commissioner v. Schleier, supra at 337 (quoting sec. 104(a)(2)). Respondent's motions for summary judgment will be granted, and decisions will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011