Marsha M. Bland - Page 18




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            specific amount allocable to personal injury tort damages, rather                          
            than severance pay, the entire payment was presumed taxable.  See                          
            id.                                                                                        
                  In Sherman v. Commissioner, T.C. Memo. 1999-202, the                                 
            taxpayer initially refused to participate in IBM’s severance                               
            program and threatened to enjoin the downsizing terminations on                            
            the basis of age discrimination.  He had also previously filed                             
            unfair labor practice charges and internal complaints against                              
            supervisors.  See id.  He alleged that his treatment by IBM had                            
            resulted in physical and mental injury.  See id.  Through                                  
            negotiations, he and IBM reached a settlement which involved a                             
            payment in excess of what would have been received under the                               
            severance program and a general release of “all claims”.  Id.                              
            A nonexclusive, “including but not limited to”, enumeration                                
            followed “all claims” and reflected, among other things, the                               
            particular complaints made by the taxpayer.  Id.                                           
                  Faced with the above-described facts, the Court, while                               
            acknowledging that “It is apparent to us that IBM viewed                                   
            petitioner as litigious”, nonetheless concluded “IBM did not                               
            intend for any portion of the $207,000 to be specifically carved                           
            out as a settlement of a tort or tort type claim on account of a                           
            personal injury or sickness.”  Id.  In reaching this conclusion,                           
            the Court again gave primary emphasis to the all-encompassing                              
            nature of the release:                                                                     






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