- 6 - based on tort or tort type rights, including contract claims, claims under the Age Discrimination in Employment Act of 1967 (ADEA), Pub. L. 90-202, 81 Stat. 602, as amended 29 U.S.C. secs. 621-634 (1988), and claims under title VII of the Civil Rights Act of 1964, Pub. L. 88-352, 78 Stat. 241, 253, as amended 42 U.S.C. secs. 2000e-1 to -17 (1988). See, e.g., Commissioner v. Schleier, supra at 336 (holding that settlements for claims made under the ADEA are not based on tort or tort type rights for purposes of section 104(a)(2)); United States v. Burke, 504 U.S. 229, 241 (1992) (holding awards of back wages under title VII do not redress tort-like personal injury within the meaning of section 104(a)(2)). Failure to show the specific amount of the payment allocable to the claims of tort or tort-type damages for personal injuries results in the entire amount being presumed not to be excludable. See Taggi v. United States, 35 F.3d 93, 96 (2d Cir. 1994); Getty v. Commissioner, 91 T.C. 160, 175-176 (1988), affd. as to this issue and revd. on other issues 913 F.2d 1486 (9th Cir. 1990). Petitioner also argues that his employment with IBM never actually ceased. Even if we assume that this is true, the argument leads nowhere. Underlying this argument is petitioner's view that only "severance pay" is taxable. But, petitioner must show that there is some provision in the Internal Revenue Code that exempts the amount that he received from taxation. Clearly section 104(a)(2) does not. Petitioner does not point to, and wePage: Previous 1 2 3 4 5 6 7 8 Next
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