- 7 - and that the U.S. Supreme Court's decision in United States v. Burke, supra, controls. In Burke, the Court considered whether amounts received in settlement of a claim under Title VII were excludable under section 104(a)(2). The Court analyzed Title VII and concluded that it did not provide for remedies to recompense claimants for tort type personal injuries. Instead, the Court noted that the statute offered only injunctions, back and front pay, and other equitable relief. Id. at 238-239. As a result, the Court concluded that Title VII did not redress tort type personal injuries and consequently that settlement proceeds based on such a claim are not excludable under section 104(a)(2). Petitioner contends that remedies available to her under other laws redressed tort type personal injuries, and that the settlement was partially intended to settle these claims. Petitioner emphasizes that the consent decree indicated that State Farm was concerned about its liability under other laws and that the settlement agreement provided that petitioner released all claims she had against State Farm under Title VII and other laws. Petitioner has failed, however, to establish the amount, if any, attributable to claims under other laws. As a result, petitioner has failed to prove that any part of the settlement proceeds is excludable. See Getty v. Commissioner, 91 T.C. 160, 175-176 (1988), affd. on this issue, revd. on other issues 913 F.2d 1486 (9th Cir. 1990).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011