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SPARROW v. C.I.R.

No. 90-1151.

949 F.2d 434 (1991)

Cleveland Buchanan SPARROW, Sr., Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 26, 1991.

Rehearing Denied February 5, 1992.

Attorney(s) appearing for the Case

Cleveland Buchanan Sparrow, Sr., pro se.

David M. Dorsen, Washington, D.C., for amicus curiae.

Bruce R. Ellisen, Atty., Dept. of Justice, for appellee. Shirley D. Peterson, Asst. Atty. Gen. and, Gary R. Allen, Ann B. Durney and Janet A. Bradley, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellee.

Before MIKVA, Chief Judge, SENTELLE and HENDERSON, Circuit Judges.

Rehearing En Banc Denied February 5, 1992.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The issue in this appeal is whether back pay awarded in settlement of a racial discrimination claim filed under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (1988), is excludable from a taxpayer's income as damages received on account of a personal injury under section 104(a)(2...

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