Neil S. and Rita E. Hardin - Page 9

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          396, 406 (1995); Bent v. Commissioner, 87 T.C. 236, 244 (1986),             
          affd. 835 F.2d 67 (3d Cir. 1987).  Determination of 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).                                                 
               Petitioners first argue that the State Farm payment was made           
          to settle a claim of tortious discrimination under California and           
          Federal law.  We disagree.  In the instant case, although the               
          settlement agreement does not contain a specific reference to               
          title VII, the surrounding circumstances convince us that,                  
          pursuant to the settlement agreement, the State Farm payment was            
          made to settle a claim under title VII.  Petitioner was a                   
          claimant in a class action suit that alleged discrimination under           
          title VII and sought backpay and injunctive and declaratory                 
          relief.  The District Court ruled that State Farm was liable                
          under title VII to all members of the class who had been                    
          discriminated against and ordered individual hearings.                      
               Subsequently, petitioner and State Farm entered into a                 
          settlement agreement pursuant to which State Farm paid $206,739             
          to petitioner for petitioner's release of a claim "arising out of           
          or relating to any alleged discriminatory, improper, or unlawful            
          act or omission of State Farm in connection with * * *                      
          recruitment, selection, hiring, job assignment, job transfer,               
          training, promotion, or termination".  Additionally, the                    
          settlement agreement expressly stated that it includes "the                 




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