Edward A. and Audrey Primozic, et al . - Page 8




                                        - 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 IBM           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011