- 14 - 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 inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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