Nancy J. Hukkanen-Campbell - Page 7




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          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 and                





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