- 9 - (1) Each of the participants was over 40 years of age at the time they executed the releases. (2) The only consideration for the payments received from USAA was the execution of the releases. (3) USAA did not treat the payment as compensation for retirement plan purposes. (4) USAA was engaged in a systematic violation of the Age Discrimination in Employment Act of 1967, Pub. L. 90-202, 81 Stat. 602 (current version at 29 U.S.C. secs. 621-634 (1988)) (ADEA), and age discrimination was its primary concern in requiring the participants to sign the release agreements.6 (5) Each of the participants suffered personal injuries as a result of the discrimination practices of USAA. The only specific factual assertion is that the participants are within the age group, i.e., over 40, entitled to claim the benefit of the ADEA. However, it has been established that a mere allegation of membership in a protected class is insufficient to sustain a claim for exclusion under section 104(a). See Starrels v. Commissioner, 35 T.C. at 648; Galligan v. Commissioner, supra. Petitioners' other assertions are conclusory statements unsupported by specific facts as required 6 Petitioners make no claim that the participants did not sign the releases voluntarily as the documents recite.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011