TEMPLE UNIVERSITY v. UNITED STATES

No. 84-1416.

769 F.2d 126 (1985)

TEMPLE UNIVERSITY — Of the Commonwealth System of Higher Education, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided July 22, 1985.


Attorney(s) appearing for the Case

Robert R. Batt (argued), Louis W. Ricker, Bonnie S. Brier, Helene G. Bradley, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for appellant.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Jonathan S. Cohen, Michael J. Roach (argued), Attys., Tax Div., Dept. of Justice, Washington, D.C., for appellee; Edward S.G. Dennis, Jr., U.S. Atty., Philadelphia, Pa., of counsel.

Before SEITZ, WEIS and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents the narrow but difficult question of whether taxpayers are exempt from Federal Insurance Contributions Act (FICA) taxation on amounts paid prior to January 1, 1984, pursuant to salary reduction agreements, for the purchase of retirement annuities qualifying for income tax deferral. The issue arises in connection with a refund suit instituted by the taxpayer, Temple University, to recover $690...

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