- 7 - Stocks v. Commissioner, 98 T.C. 1, 11 (1992). The claim must be bona fide, but not necessarily valid. See Taggi v. United States, 35 F.3d 93, 96 (2d Cir. 1994); Robinson v. Commissioner, supra at 126; Stocks v. Commissioner, supra at 10. The crucial question is “in lieu of what was the settlement amount paid?” Bagley v. Commissioner, supra at 406. In United States v. Burke, supra, the taxpayers brought a sex discrimination claim under title VII against their employer. The parties subsequently settled the case, and the employer withheld Federal income taxes on the settlement received by the taxpayers. The taxpayers sought refunds of the withheld taxes on the ground that the settlement was excludable under section 104(a)(2) as “‘damages received * * * on account of personal injuries or sickness.’” Id. at 232 (quoting section 104(a)(2)). The Supreme Court held that the nature of the claim underlying the taxpayers’ settlement determined the excludability of the settlement under section 104(a)(2). See id. at 237. The Court noted that title VII focused on “‘legal injuries of an economic character’” and limited the available remedy to backpay awards and injunctive relief. Id. at 238-239 (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 418 (1975)). The Court further stated: Nothing in this remedial scheme purports to recompense a Title VII plaintiff for any of the other traditional harms associated with personal injury, such as pain andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011