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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
-
- COMMISSIONER OF INTERNAL REVENUE v.
- SCHLEIER et al.
- certiorari to the united states court of appeals for
- the fifth circuit
- No. 94-500. Argued March 27, 1995-Decided June 14, 1995
-
- On his 1986 federal income tax return, Erich Schleier (hereinafter
- respondent) included as gross income the backpay portion, but not
- the liquidated damages portion, of an award that he received in
- settlement of a claim under the Age Discrimination in Employment
- Act of 1967 (ADEA). After the Commissioner issued a deficiency
- notice, asserting that the liquidated damages should have been
- included as income, respondent initiated Tax Court proceedings,
- contesting that ruling and seeking a refund for the tax he had paid
- on his backpay. The Tax Court agreed with respondent that the
- entire settlement constituted ``damages received . . . on account of
- personal injuries or sickness'' within the meaning of 104(a)(2) of
- the Internal Revenue Code and was therefore excludable from gross
- income. The Court of Appeals affirmed.
- Held: Recovery under the ADEA is not excludable from gross income.
- A taxpayer must meet two independent requirements before a
- recovery may be excluded under 104(a)(2): the underlying cause of
- action giving rise to the recovery must be -based upon tort or tort
- type rights-, and the damages must have been received -on account
- of personal injuries or sickness.- Respondent has failed to satisfy
- either requirement. Pp. 4-14.
- (a) No part of respondent's settlement is excludable under
- 104(a)(2)'s plain language. Recovery for back wages does not
- satisfy the critical requirement of being ``on account of'' any personal
- injury, and no personal injury affected the amount of back wages
- recovered. In addition, this Court explicitly held in Trans World
- Airlines, Inc v. Thurston, 469 U. S. 111, 125, that Congress intend-
- ed the ADEA's liquidated damages to be punitive in nature; thus,
- they serve no compensatory function and cannot be described as
- being ``on account of personal injuries.'' Pp. 4-9.
- (b) There is also no basis for excluding respondent's recovery
- from gross income under the Commissioner's regulation interpreting
- 104(a)(2). Even if respondent were correct that this action is based
- on ``tort or tort type rights'' within 26 CFR 1.104-1(c)'s meaning,
- this requirement is not a substitute for the statutory requirement
- that the amount be received ``on account of personal injuries or
- sickness''; it is an additional requirement. Pp. 10-11.
- (c) Nor is respondent's recovery based upon ``tort or tort type
- rights'' as that term was construed in Burke, where this Court
- rejected the argument that a taxpayer's backpay settlement under
- pre-1991 Title VII of the Civil Rights Act of 1964 should be exclud-
- ed from gross income. Two elements that distinguish the ADEA
- from pre-1991 Title VII-namely the ADEA rights to a jury trial
- and liquidated damages-are insufficient to bring the ADEA within
- Burke's conception of a ``tort or tort type righ[t],'' for the statute
- lacks the primary characteristic of such an action: the availability of
- compensatory damages. Moreover, satisfaction of Burke's ``tort or
- tort type'' inquiry does not eliminate the need to satisfy the other
- requirement for excludability discussed herein. Pp. 11-13.
- 26 F. 3d 1119, reversed.
- Stevens, J., delivered the opinion of the Court, in which Rehn-
- quist, C. J., and Kennedy, Ginsburg, and Breyer, JJ., joined.
- Scalia, J., concurred in the judgment. O'Connor, J., filed a dissent-
- ing opinion, in which Thomas, J., joined, and in Part II of which
- Souter, J., joined.
-