Cheryl Denese Brewer - Page 8

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          rights, and (2) the damages were received on account of personal            
          injuries or sickness.  Commissioner v. Schleier, supra at 336-337.          
               Where amounts are received pursuant to a settlement agreement,         
          the nature of the claim that was the actual basis for settlement            
          controls whether such amounts are excludable from gross income under        
          section 104(a)(2).  United States v. Burke, 504 U.S. 229, 237               
          (1992).  The crucial question is "in lieu of what was the settlement        
          amount paid?"  Bagley v. Commissioner, 105 T.C. 396, 406 (1995),            
          affd. 121 F.3d 393 (8th Cir. 1997). Determining the nature of the           
          claim is a factual inquiry.  Robinson v. Commissioner, 102 T.C. 116,        
          127 (1994), affd. in part, revd. in part, and remanded 70 F.3d 34           
          (5th Cir. 1995).                                                            
               The amounts petitioner received pursuant to the settlement             
          agreement were intended to settle her claim under title VII.                
          Although petitioner did not file an individual complaint in that            
          case, and the settlement agreement does not contain a specific              
          reference to title VII, it is clear that title VII is the basis for         
          the underlying claim.  The nature of petitioner's claim is identical        
          to that stated in the complaint filed by the Kraszewski class               
          representatives, which alleged that State Farm had engaged in               
          statewide discrimination in the recruiting, hiring, and training of         
          women for sales agent trainee positions in violation of title VII.          
          The plaintiffs sought backpay and injunctive and declaratory relief.        
          The District Court held that State Farm was liable under title VII          





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