- 15 - from gross income under section 104(a)(2). The relevant inquiry is whether the claim is based upon tort or tort type rights and the damages received are on account of personal injuries or sickness. See Commissioner v. Schleier, 515 U.S. at 337. Furthermore, neither the Internal Revenue Service nor any other agency of the United States consented to a settlement agreement awarding Mr. Broedel “tax free” payments. The amount paid to Mr. Broedel under the settlement agreement was equal to one and one-half times his annual salary. The evidence in the record indicates that SUNY’s intent in settling with Mr. Broedel was to induce his retirement and effect the withdrawal of any and all complaints against SUNY. As we stated earlier, Mr. Broedel’s complaint filed with the NYSDHR included various claims. Not all of these claims were based upon tort or tort type rights. The settlement agreement did not allocate the payments among his claims, and petitioners have failed to establish what portion, if any, was paid on account of personal injuries or sickness arising from tort or tort type rights. Indeed, the fact that the amount of $58,372.50 was based on the amount Mr. Broedel would have received had he continued working another year and a half points in the direction of payment for reasons other than personal injury or sickness. See, e.g., Bland v. Commissioner, T.C. Memo. 2000-98; Morabito v. Commissioner, supra; Sodoma v. Commissioner, supra; Webb v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011