- 9 - Robinson v. Commissioner, supra at 126; Stocks v. Commissioner, supra at 10; Sodoma v. Commissioner, T.C. Memo. 1996-275 (citing Taggi v. United States, 35 F.3d 93, 96 (2d Cir. 1994)). In this connection, we have held that claims for potential future personal injuries do not qualify for exclusion under section 104(a). Roosevelt v. Commissioner, 43 T.C. 77 (1964); Starrels v. Commissioner, 35 T.C. 646 (1961), affd. 304 F.2d 574 (9th Cir. 1962). Such holdings imply that there must be an existing claim. Moreover, while the claim need not have been previously asserted, the absence of any knowledge of the claim on the part of the employer-payor obviously has a negative impact in determining the requisite intent of the payment. Sodoma v. Commissioner, T.C. Memo. 1996-275; see also Keel v. Commissioner, T.C. Memo. 1997- 278; Foster v. Commissioner, T.C. Memo. 1996-26. Petitioner asserts that he had a bona fide claim against IBM pursuant to the ADA for infliction of emotional distress, and therefore IBM accepted his ITO II Program participation request and subsequent release in lieu of litigation. In so arguing, petitioner places heavy reliance on the Supreme Court's decision in Commissioner v. Schleier, supra. In Schleier, the Supreme Court noted that "one of the hallmarks of traditional tort liability is the availability of a broad range of damages to compensate the plaintiff fairly for injuries caused by the violation of his legal rights." Id. at 335 (citing United StatesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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