- 18 - 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:Page: 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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