- 9 - 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 "thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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