- 8 - without published opinion 845 F.2d 1013 (3d Cir. 1988). The release in this case is essentially the same as that in Lubart v. Commissioner, T.C. Memo. 1997-343, affd. 154 F.3d 539 (5th Cir. 1998), and in Sodoma v. Commissioner, T.C. Memo. 1996-275. By its terms, petitioners released IBM from liability for both contract and tort claims. The release, however, does not specifically indicate that the lump-sum payments received by petitioners were paid to settle potential personal injury claims against IBM. Where the settlement agreement lacks specific language stating what the settlement amount was paid to settle, then the most important factor is generally the intent of the payor. Respondent argues that petitioners’ failure to lodge any formal or legal claim against IBM before and at the time of signing the release established that there was no bona fide dispute between petitioners and IBM that could provide the basis for settlement. To prevail under section 104(a)(2), taxpayers are not required to assert a legal claim before the settlement or release. However, the absence of any knowledge of the claim by the employer-payor would negatively affect a taxpayer attempting to show the requisite intent underlying the payment. See Lubart v. Commissioner, supra. Here, Edward and Kenneth notified IBM executives of the initiation of their attempt to reverse the decision to surplus the CBD department. In the letter to the IBMPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011