Marsha M. Bland - Page 14




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            did not intend to settle claims arising out of the course of                               
            employment, such as emotional distress experienced while working.                          
            However, since petitioner’s termination can potentially be viewed                          
            as a culmination or outgrowth of the purported discrimination and                          
            consequent negative performance reviews, we decline to base our                            
            resolution of this matter on a restrictive interpretation of the                           
            above-quoted phrase.                                                                       
                  The designation of the program under which the release was                           
            signed as the “Enhanced Severance Plan” is likewise indicative of                          
            intent.  The inference from this choice of terminology is that                             
            PSC management viewed as severance pay that which was received by                          
            petitioner in exchange for signing the waiver.  Severance pay, in                          
            turn, has been defined by this Court as “an allowance usually                              
            based on length of service that is payable to an employee on                               
            termination of employment.”  Webb v. Commissioner, T.C. Memo.                              
            1996-50.  The fact that petitioner’s payment was calculated using                          
            a formula of 2-1/2 weeks of pay per year of service is thus                                
            consistent with and further evidences an intent to remit                                   
            severance pay, rather than to compensate for personal injuries.                            
                  With respect to setting, the surrounding circumstances in                            
            this case also tend to weigh against characterizing petitioner’s                           
            payment as compensation for personal injuries and in favor of                              
            seeing the funds as severance pay.  The parties engaged in no                              
            meetings or negotiations concerning petitioner’s participation in                          






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