Marsha M. Bland - Page 16




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            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, the                             






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