- 11 - taxable. Petitioner asserts that this amount received relating to the Title VII claim is excludable from his gross income. In United States v. Burke, 504 U.S. 229, 242 (1992), the Supreme Court held that backpay awards received in settlement of Title VII discrimination claims were not excludable from gross income under section 104(a)(2). The Supreme Court noted that "Congress declined to recompense Title VII plaintiffs for anything beyond the wages properly due them--wages that, if paid in the ordinary course, would have been fully taxable." Id. at 241. Petitioner argues that respondent cannot apply Burke retroactively. We disagree. Section 104(a)(2), as it relates to the Title VII claim, was in effect when respondent mailed the notice of deficiency to petitioner, and the Supreme Court's holding in Burke construed but did not change that existing law. In addition, the Supreme Court has held: When this Court applies a rule of federal law to the parties before it, that rule is the controlling interpretation of federal law and must be given full retroactive effect in all cases still open on direct review and as to all events, regardless of whether such events predate or postdate our announcement of the rule. Harper v. Virginia Dept. of Taxation, 509 U.S. 86, 97 (1993); accord James B. Beam Distilling Co. v. Georgia, 501 U.S. 529 (1991).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011