- 6 - 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 factsPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011