- 6 - 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...)Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011