William Roger and Joan Ann Thorpe - Page 13

                                       - 13 -                                         

          its character as severance pay, rather than a payment for                   
          personal injury.  See Webb v. Commissioner, supra, Sodoma v.                
          Commissioner, supra, and Keel v. Commissioner, supra, which                 
          involved the same payor and substantially the same plan as                  
          involved herein.                                                            
               In sum, viewing the facts in a light most favorable to                 
          petitioners, we conclude that respondent has made a prima facie             
          case to support a motion for summary judgment and that                      
          petitioners have failed to come forward with countervailing                 
          assertions having sufficient specificity to cause us to hold that           
          there is any material issue of fact that requires a trial.                  
          Accordingly, we shall grant respondent's motion for partial                 
          summary judgment.  See Phillips v. Commissioner, T.C. Memo. 1997-           
          336 (summary judgment granted for the Commissioner regarding                
          taxability of payment made by IBM pursuant to the ITO-II                    
          Program); Brennan v. Commissioner, T.C. Memo. 1997-317 (same);              
          Morabito v. Commissioner, T.C. Memo. 1997-315 (same).                       
               To reflect the foregoing,                                              

                                             An appropriate order                     
                                        will be issued.                               

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  

Last modified: May 25, 2011