- 10 - is, in lieu of what was the settlement amount paid?” Bagley v. Commissioner, 105 T.C. 396, 406 (1995), affd. 121 F.3d 393 (8th Cir. 1997). The settlement agreement allocated payments for backpay and attendant benefits and for an amount equal to one and one-half times Mr. Broedel’s annual salary. The form and taxability of the amount allocated to the backpay and attendant benefits are not at issue. Because the remaining portion of the settlement agreement, $58,372.50, is not allocated among petitioners’ various claims, we will examine the nature of each claim in turn. Initially, we address petitioners’ claim that Mr. Broedel suffered injury to his reputation because of harassment by SUNY. The consent award and the complaint do not refer to any claim by Mr. Broedel alleging harm to his reputation as the result of harassment by SUNY, nor is there an allocation to such a claim in the consent award. Petitioners have failed to present any evidence establishing that SUNY paid any portion of the settlement amount to compensate Mr. Broedel for injury to his reputation. Mr. Broedel’s complaint for relief was based on both State and Federal law. The complaint raised allegations under the Age Discrimination in Employment Act of 1967 (ADEA), Pub. L. 90-202, sec. 2, 81 Stat. 602. Recovery under the ADEA is not based upon tort or tort type rights. See Commissioner v. Schleier, supra atPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011