Rickel v. Commissioner
United States Tax Court
P received payments in settlement of a suit against his former employer under the Age Discrimination in Employment Act, 29 U.S.C. secs. 621-634 (1985). Held: 1. 50 percent of the settlement was allocable to a claim for a tort-like injury and 50 percent of the settlement was allocable to wage-related claims. 2. P may exclude from gross income that portion of the settlement allocable to his claim for personal injury, violation of his right to be free from discrimination on…
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P received payments in settlement of a suit against his former employer under the Age Discrimination in Employment Act, 29 U.S.C. secs. 621-634 (1985). Held: 1. 50 percent of the settlement was allocable to a claim for a tort-like injury and 50 percent of the settlement was allocable to wage-related claims. 2. P may exclude from gross income that portion of the settlement allocable to his claim for personal injury, violation of his right to be free from discrimination on account of age. Sec. 104(a)(2), I.R.C. 1954. 3. P may not deduct that portion of his legal fee that is allocable to the…
1Opinion of the Court
Cohen, Judge:
Respondent determined deficiencies in petitioners’ Federal income tax liability and additions to tax for 1983 and 1984 as follows:
_Additions to tax_
Year Deficiency Sec. 6653(a)(1)1 Sec. 6653(a)(2) Sec. 6661(a)
1983 $26,551.56 $1,327.57 * $6,637.89
1984 4,711.00 235.55 **
Respondent has now conceded that petitioners are not liable for additions to tax under section 6653(a). The issues remaining for decision are:(1) Whether all or any portion of $80,000 and $25,000 payments petitioner received in 1983 and 1984, respectively, in settlement of a suit under the Age Discrimination in…
2Cases cited15 opinions
- Trans World Airlines, Inc. v. ThurstonSupreme Court of the United States · 1985
- Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
- Pallottini v. CommissionerUnited States Tax Court · 1988
- Rodriguez v. TaylorCourt of Appeals for the Third Circuit · 1977
- Mason K. Knuckles and Bernice A. Knuckles v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1965
10 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Frank E. & Mildred E. Rickel v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1990
- Powers v. CommissionerUnited States Tax Court · 1993
- Miller v. CommissionerUnited States Tax Court · 1989
- Carmen Pistillo v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1990
- Downey v. CommissionerUnited States Tax Court · 1991
43 more not listed; retrieve them via the Exa API.