Walter R. and Marilyn K. Easter - Page 6

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          104(a)(2) and the applicable regulations."  Id. at 241.                     
          Accordingly, the settlement amounts received by the taxpayers               
          were not excludable from gross income under section 104(a)(2).              
          Id. at 242.                                                                 
               Like the taxpayers in Burke, petitioner brought a sex                  
          discrimination claim under Title VII of the Civil Rights Act of             
          1964 against her employer.  As in Burke, petitioner eventually              
          settled her claim.  The Settlement Agreement and General Release            
          provides:                                                                   
               The approximate full value of CLAIMANT's claim under the               
               Consent Decree damage formula as of February 1, 1992, is               
               $264,935.00, which represents back pay as a State Farm agent           
               accrued from the year of the challenged appointment to                 
               February 1, 1992, plus six months of front pay from that               
               date forward.                                                          
          The settlement amount of $135,000 offered to petitioner                     
          represented 51 percent of the estimated Consent Decree value of             
          her claim.  According to Burke, since the damages available to              
          petitioner as a Title VII claimant consisted of only wages, which           
          would otherwise be taxable, the settlement amount she received              
          does not constitute "damages received * * * on account of                   
          personal injuries".  Id. at 242.  Thus, it is not excludable                
          under section 104(a)(2).2                                                   

               2  In November 1991, the Civil Rights Act of 1991 became               
          law.  Landgraf v. USI Films Prods., 511 U.S. 244, 249 (1994).  In           
          addition to the traditional remedies of backpay and injunction,             
          the new act allows the plaintiff to recover compensatory and                
          punitive damages.  It also gives the right to a jury trial.  Id.            
          at 252-253.  The Supreme Court held that those amendments did not           
                                                             (continued...)           




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