Ferdinand A. & Marla Morabito, et al. - Page 8

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          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.                  

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