Joseph Henry Metelski - Page 2




                                                - 2 -                                                  
                                         FINDINGS OF FACT                                              
                  Some of the facts have been stipulated and are so found.                             
            Petitioner filed a timely 1995 Federal income tax return.  At the                          
            time the petition was filed, he resided in Bedminster, New                                 
            Jersey.                                                                                    
                  Petitioner began employment with AT&T Communications, Inc.                           
            (AT&T) in December 1963 and remained so employed until his                                 
            employment was terminated, as discussed below, on May 18, 1995.                            
            As of that date, and during all other times relevant here, he was                          
            a manager in AT&T’s international operations division.  As a                               
            manager, petitioner’s employment relationship with AT&T was                                
            described as “at-will”, which, according to an AT&T publication,                           
            meant that petitioner had “the right to terminate * * * [his]                              
            employment at any time for any reason, and * * * [AT&T reserved]                           
            the right to terminate * * * [petitioner] on the same basis,                               
            regardless of any statements, written or oral, by * * * [AT&T],                            
            or any of its employees or representatives, which may seem to be                           
            the contrary.”                                                                             
                  In early 1994, petitioner received formal notification that                          
            senior managers within his division had elected to implement                               
            AT&T’s Force Management Program (the retirement program).  He was                          
            57 years old at the time.  As described in literature provided to                          
            petitioner by AT&T, the retirement program was designed “to give                           








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