- 27 - We find, therefore, that in light of all the other facts and circumstances, the March 1995 order does not establish that petitioner received his recovery on account of personal injury. 3. Tort-type Claim Petitioner contends that under the law for the taxable year in issue, if recovery is received on account of a tort-type claim, then there is no requirement that recovery be on account of personal injury. In this regard, petitioner relies on United States v. Burke, 504 U.S. 229 (1992). We disagree with petitioner's contention, which is squarely refuted by Commissioner v. Schleier, 515 U.S. 323 (1995). In Commissioner v. Schleier, supra, the Supreme Court held that even if the underlying lawsuit is tort-type, the recovery itself must be "on account of personal injury". Id. Further, the Supreme Court noted that its holding in United States v. Burke, supra, did not imply a contrary rule. The following excerpt from Commissioner v. Schleier, supra at 334-336, clearly establishes the law in this regard: [Appellee] also suggests that our decision in United States v. Burke, 504 U.S. 229 (1992), compels the conclusion that his settlement award is excludable. In Burke, we rejected the taxpayer's argument that the payment received in settlement of her backpay claim under the pre- 1991 version of Title VII of the Civil Rights Act of 1964 was excludable from her gross income. Our decision rested on the conclusion that such a claim was not based upon "tort or tort type rights" within the meaning of the regulation quoted above [sec. 1.104-1(c), Income Tax Regs.]. For two independent reasons, we think Burke provides no foundation for [appellee's] argument.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011