Francis G. Laguaite - Page 6




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         and salary, nor the circumstances under which it was offered to                
         petitioner, before he had made known to APC any claim of personal              
         injury, suggest that APC intended to make the payment on account               
         of any personal injury to petitioner.  See Phillips v.                         
         Commissioner, T.C. Memo. 1997-336.  The release form appears to                
         be a standardized document, which is in itself indicative that                 
         the payment was not on account of personal injuries.  See Gajda                
         v. Commissioner, T.C. Memo. 1997-345, affd. 158 F.3d 802 (5th                  
         Cir. 1998).  Although petitioner was offered the opportunity to                
         suggest modifications to the release form, he did not do so.                   
         Consequently, we discern no alteration in APC’s intent in making               
         the payment from the time it set out the payment criteria in the               
         release form until it made payment to petitioner according to                  
         those criteria.                                                                
              The release contains no mention of any particular claims by               
         petitioner against APC, but rather refers comprehensively to                   
         petitioner’s release of “any and all * * * claims, known and                   
         unknown,” including claims “arising under federal, state and                   
         local laws,” specifying by way of example, inter alia, claims                  
         under the Age Discrimination in Employment Act, for which damages              
         received are not excludable under section 104(a)(2).  See                      
         Commissioner v. Schleier, supra.                                               
              Because the release allocates no part of the payment to                   
         claims of tort or tort type damages, and in the absence of facts               





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