- 16 - warranted. See Sherman v. Commissioner, supra; Brennan v. Commissioner, T.C. Memo. 1997-317. Petitioner acknowledges on brief that “this Court has several times held that payments received under mass termination programs are not excluded under sections [sic] 104(a)(2).” She maintains, however, that her circumstances are distinguishable. Petitioner correctly observes that in a number of the mass termination and general release cases, the employee had never asserted, and the employer was not aware of, any work-related personal injury claims. See, e.g., Gajda v. Commissioner, T.C. Memo. 1997-345; Lubart v. Commissioner, T.C. Memo. 1997-343, affd. 154 F.3d 539 (5th Cir. 1998); Sodoma v. Commissioner, T.C. Memo. 1996-275, affd. without published opinion 139 F.3d 899 (5th Cir. 1998); Webb v. Commissioner, supra. She then avers that PSC’s knowledge of her existing claim, through her previous complaints, differentiates her situation and shows that PSC intended the general release to settle such claim. Case law, however, is contrary to any argument that employer awareness is sufficient to transmute a payment that otherwise bears all trappings of severance pay into compensation for personal injuries. Two recent decisions regarding payments received pursuant to a downsizing by International Business Machines Corporation (IBM) illustrate this point. In Brennan v. Commissioner, supra, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011