Jack, a tenured university professor, has been a malcontent for many years at Rockport University. The university has recently offered to pay $200,000 to Jack if he will relinquish his tenure position and resign. Jack is of the opinion that tenure is an intangible capital asset and the $200,000 received for the release of tenure should be a long-term capital gain. Should the $200,000 be taxed as ordinary income or long-term capital gain?