- 11 - 336. Thus, any portion of Mr. Broedel’s claim allocated to violations under the ADEA would be taxable. Respondent concedes that Mr. Broedel’s complaint with the NYSDHR alleging that he was the victim of age and disability discrimination prohibited by New York State law is based upon tort or tort type rights. However, respondent argues that petitioners have failed to show that the settlement proceeds were received on the account of personal injury or sickness. Petitioners claim that Mr. Broedel had a bona fide claim against SUNY under the ADA for infliction of emotional distress. Although the complaint fails to indicate that a claim under the ADA was being made, it does allege discrimination because of disability. To the extent a claim was made under the ADA, respondent concedes that such a claim sounds in tort. See, e.g., Phillips v. Commissioner, T.C. Memo. 1997-336 (finding that, for purposes of the motion before the Court, the taxpayer had established that a claim for relief under the ADA was based on a tort type cause of action). In order to exclude any portion of the $58,372.50 under section 104(a)(2), petitioners must show that the payments were received on account of personal injuries or sickness, and they must establish what portion of the payments, if any, was paid on account of personal injuries or sickness arising from tort or tort type rights. Generally, when a settlement agreement dealsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011