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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- UNITED STATES v. BURKE et al.
- certiorari to the united states court of appeals for
- the sixth circuit
- No. 91-42. Argued January 21, 1992-Decided May 26, 1992
-
- As part of the settlement of a sex discrimination claim under Title VII
- of the Civil Rights Act of 1964, the Tennessee Valley Authority (TVA)
- paid backpay to affected employees, including respondents, from
- which it withheld federal income taxes. The Internal Revenue
- Service (IRS) disallowed respondents' claims for refund of the with-
- held taxes. In a subsequent refund action, the District Court ruled
- that, since respondents had obtained only backpay due them as a
- result of TVA's discriminatory underpayments rather than compensa-
- tory or other damages, the settlement proceeds could not be excluded
- from their gross incomes as ``damages received . . . on account of
- personal injuries'' under 26 U.S.C. 104(a)(2). The Court of
- Appeals reversed, holding that TVA's discrimination constituted a
- personal, tort-like injury to respondents, and rejecting the Govern-
- ment's attempt to distinguish Title VII, which authorizes no compen-
- satory or punitive damages, from other statutes thought to redress
- personal injuries.
- Held:Backpay awards in settlement of Title VII claims are not exclud-
- able from gross income under 104(a)(2). Pp.4-13.
- (a)IRS regulations formally link identification of a ``personal
- injury'' for purposes of 104(a)(2) to traditional tort principles, refer-
- ring to ``prosecution of a legal suit or action based upon tort or tort
- type rights.'' 26 CFR 1.104-1(c). In order to fall within the
- 104(a)(2) exclusion, respondents must show that Title VII, the legal
- basis for their recovery of backpay, redresses a tort-like personal
- injury. Pp.4-5.
- (b)A hallmark of traditional tort liability is the availability of a
- broad range of damages to compensate the plaintiff for harm sus-
- tained. Title VII, however, permits the award of only backpay and
- other injunctive relief. Congress sought through Title VII to restore
- victims to the wage and employment positions they would have
- occupied absent discrimination, but declined, in contrast to other
- federal antidiscrimination statutes, to recompense victims for any of
- the other traditional harms associated with personal injury, such as
- pain and suffering, emotional distress, harm to reputation, or other
- consequential damages. Thus, Title VII cannot be said to redress a
- tort-like personal injury within the meaning of 104(a)(2) and the
- applicable regulations. Pp.5-13.
- 929 F.2d 1119, reversed.
-
- Blackmun, J., delivered the opinion of the Court, in which Rehn-
- quist, C. J., and White, Stevens, and Kennedy, JJ., joined. Scalia,
- J., and Souter, J., filed opinions concurring in the judgment. O'Con-
- nor, J., filed a dissenting opinion, in which Thomas, J., joined.
-