- 5 - Therefore, we must decide: (1) Whether the wrongful termination claim underlying petitioner's settlement agreement was based upon tort or tort type rights; and (2) whether the damages paid to petitioner in settlement of such claim were received on account of personal injuries or sickness. We must first decide whether petitioner's settlement agreement was based upon tort or tort type rights. State law controls the nature of the legal interests and rights created by State law, even though the Federal tax consequences pertaining to such interests and rights are solely a matter of Federal law. Commissioner v. Tower, 327 U.S. 280, 288 (1946); Lucas v. Earl, 281 U.S. 111 (1930); Brabson v. United States, 73 F.3d 1040, 1044 (10th Cir. 1996). Accordingly, we look to the law of the State of Oklahoma for guidance as to the nature of petitioner's wrongful termination cause of action. The Oklahoma Supreme Court first adopted a public policy tort exception to the Oklahoma terminable-at-will employment rule in Burk v. K-Mart Corp., 770 P.2d 24 (Okla. 1989). In discussing the nature of the cause of action the Court was very specific: We recognize this new cause of action in tort. It is well settled in Oklahoma a tort may arise in the course of the performance of a contract and that tort may then be the basis for recovery even though it is the contract that creates the relationship between the parties. An employer's termination of an at-will employee in contravention of a clear mandate of public policy is a tortious breach of contractual obligations. Id. at 28. [Fn. refs. omitted].Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011