- 19 - The agreement’s broad language indicates that IBM considered the $207,000 payment as a quid pro quo for petitioner’s release of all potential claims against IBM, including, but not limited to, tort claims. IBM did not make an identifiable portion of the payment in settlement of petitioner’s personal injury claim. The payment was for severance pay as well as for petitioner’s release of potential tort and nontort claims against IBM. [Id.] As in Brennan v. Commissioner, supra, the Court held the entire payment taxable because no basis for allocating some portion solely to personal injury damages was proven by the taxpayer or reflected by the record. See id. Given these authorities and the evidence before us, we see no grounds upon which to distinguish petitioner’s circumstances. As explained above, we cannot accept petitioner’s argument that the full amount of her payment was intended to compensate for personal injuries, and we are satisfied that it is in the main properly characterized as taxable severance pay. Therefore, since the record is devoid of any information that would support allocation of a specific sum to personal injury damages, the entire payment is taxable. See Pipitone v. United States, 180 F.3d 859, 865 (7th Cir. 1999); Taggi v. United States, 35 F.3d 93, 96 (2d Cir. 1994); Sherman v. Commissioner, supra; Brennan v. Commissioner, supra.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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