- 10 - at 337. The claim must be bona fide, but not necessarily valid; i.e., sustainable. Taggi v. United States, 35 F.3d 93, 96 (2d Cir. 1994); Robinson v. Commissioner, supra at 126; Stocks v. Commissioner, supra at 10. 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). Those holdings imply that there must be an existing claim. Moreover, although a 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 for 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, at the time that he signed the release, he had a bona fide claim against IBM for age discrimination and that he executed the release and accepted the ITO payment from IBM in lieu of litigation. Respondent contends that petitioner's failure to lodge, much less even allege, any tort-type claim against IBM prior to or at the time of signing the release establishes that there was no bona fide dispute between petitioner and IBM that could provide the basis forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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