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PISTILLO v. C.I.R.

No. 89-2209.

912 F.2d 145 (1990)

Carmen PISTILLO, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 24, 1990.

Attorney(s) appearing for the Case

Thomas I. Hausman (argued), Adrienne C. Lalak, Kahn, Kleinman, Yanowitz & Arnson, Cleveland, Ohio, for petitioner-appellant.

Peter K. Scott, I.R.S., Gary R. Allen, Acting Chief, Bruce R. Ellisen (argued), Ann Belanger Durney, U.S. Dept. of Justice, Appellate Section Tax Div., Washington, D.C., for respondent-appellee.

Before KEITH and JONES, Circuit Judges, and ENGEL, Senior Circuit Judge.

KEITH, Circuit Judge:

On April 30, 1982, petitioner Carmen Pistillo ("Pistillo") received $58,000 from his former employer, pursuant to the settlement of an age discrimination lawsuit. See Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634. This appeal requires us to decide whether the United States Tax Court ("the Tax Court") properly determined that Pistillo's settlement award is taxable. Because we conclude that Pistillo's settlement...

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