- 11 - income. Accordingly, on the basis of the record in the instant case, we conclude that, pursuant to the settlement agreement, the State Farm payment was intended to settle petitioner's claim against State Farm under title VII. As we have concluded that petitioner's claim was not based upon tort or tort type rights, we need not address the second requirement of Commissioner v. Schleier, supra, regarding the nature of damages. Accordingly, we conclude that petitioners are not entitled to exclude any part of the State Farm payment pursuant to section 104(a)(2).9 The next issue to be decided is whether petitioners are entitled to exclude from gross income amounts paid as legal fees.10 Petitioners contend that, as petitioner's legal fees were paid to counsel from the settlement proceeds and petitioner never received such fees, petitioners are entitled to exclude the legal fees from their income. Citing Alexander v. Commissioner, 72 F.3d 938 (1st Cir. 1995) (citing with approval McKay v. Commissioner, 102 T.C. 465 (1994), revd. on another issue without published opinion 84 F.3d 433 (5th Cir. 1996)), affg. T.C. Memo. 9 We note that our opinion herein is consistent with prior decisions of this Court, which similarly held that settlement proceeds received pursuant to the Kraszewski litigation were not excludable from gross income under sec. 104(a)(2). See Raney v. Commissioner, T.C. Memo. 1997-200; Clark v. Commissioner, T.C. Memo. 1997-156; Martinez v. Commissioner, T.C. Memo. 1997-126; Fredrickson v. Commissioner, T.C. Memo. 1997-125. 10 Respondent bears the burden as to this issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011