- 5 - Co. Transition Plan (MSTP). The MSTP provided a lump-sum payment and IBM-funded health benefits that were more generous than the benefits received under IBM’s regular severance program. IBM informed its employees that it would withhold appropriate Federal, State, and local taxes from MSTP lump-sum payments. On June 30, 1993, Edward, Kenneth, and Thomas all agreed to participate in the MSTP program. In order to join the MSTP, the participants were required to sign a general release and covenant not to sue, releasing IBM from all liabilities that might exist, in contract, in tort, or any other type of claim, resulting from the employees' termination. The payments petitioners received were all calculated according to the MSTP formula, an amount equal to 1 week’s pay for every 6 months of IBM service either fully or partially completed as of the date of separation. Edward, Kenneth, and Thomas received MSTP payments of $140,010, $147,171, and $83,352, respectively. Petitioners established their own consulting business, Strategic Choices, Ltd., following their departure from IBM. On their 1993 income tax returns petitioners excluded from income the entire amounts of the MSTP payments received. In disclosure statements filed with their returns, petitioners asserted that the authority to exclude the payments from income was section 104(a)(2). OPINIONPage: Previous 1 2 3 4 5 6 7 8 9 Next
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