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Taxation Of Adea Settlements And The Lack Of Personal Injury In Age Discrimination Claims, The, David Errol Tompkins Apr 1996

Taxation Of Adea Settlements And The Lack Of Personal Injury In Age Discrimination Claims, The, David Errol Tompkins

Missouri Law Review

This Note will proceed in five parts. Part II will discuss the factual background of the Schleier case and the holding of the Supreme Court."° Part III will briefly outline the legal background behind ADEA awards and their potential section 104(a)(2) treatment." Next, part IV examines the decision and analysis of the Supreme Court in Schleier. Finally, part V comments on the Court's holding and discusses the policy implications of the decision.' This Note then concludes that Congress needs to act to provide for exclusion from gross income amounts received from a settlement or jury award of a discrimination claim


Tax Treatment Of Damages Awarded For Age Discrimination, Gerald A. Madek Jan 1996

Tax Treatment Of Damages Awarded For Age Discrimination, Gerald A. Madek

Akron Tax Journal

Since the inception of anti-discrimination laws, the degree to which victims should be compensated has been a subject of debate. Legislators have always been acutely aware of competing pressures in this area. Civil rights advocates have persistently lobbied for generous compensatory awards for emotional distress, while businesses have lobbied just as persistently against these awards which threaten their ability to do business profitably. The result of these competing pressures has been a set of anti-discrimination statutes offering inconsistent remedies.