- 11 - settlement. We agree with respondent that the ITO payment is not excludable from petitioners' gross income. Petitioners do not allege, nor does the record otherwise show, that petitioner ever made any formal or informal claim against IBM. It therefore appears that there was no settlement for IBM and petitioner to reach. However, even if we assume that the executed Release represents a settlement agreement, then for the payment to be excludable, petitioners must show that the payment is based upon (1) tort or tort-type rights, and (2) on account of personal injuries or sickness. We now turn to the language of the release itself. The release in this case is the same as that in Webb v. Commissioner, T.C. Memo. 1996-50, and essentially the same as that in Sodoma v. Commissioner, supra. By its terms, petitioner released IBM from liability for both contract and tort claims. The release, however, does not specifically indicate that the lump-sum payment received by petitioner was paid to settle a potential personal injury claim against IBM. We note that when the settlement agreement lacks express language stating what the settlement amount was paid to settle, then the most important factor is the intent of the payor. Knuckles v. Commissioner, 349 F.2d 610, 612 (10th Cir. 1965), affg. T.C. Memo. 1964-33; Stocks v. Commissioner, supra at 10. Here, respondent contends, and wePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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