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IRS Ruling Creates Uncertainty Regarding What Constitutes Performance-Based Compensation Under Internal Revenue Code Section 162(m)
McDermott Will & Emery 
[Guidance Overview] Feb. 11, 2008
Excerpt: It is believed that the Ruling is incorrect. The mere presence of the involuntary and good reason termination provisions should not be treated as sufficient to indicate that the employee would absolutely receive the compensation in each year regardless of whether the performance goal is attained and regardless of whether a termination occurs.... It is recommended that companies give serious consideration to modifying their plans and/or agreements to comply with the Ruling on a going-forward basis.
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