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BRABSON v. U.S.

Civ. A. No. 93-K-2288.

859 F.Supp. 1360 (1994)

Mary BRABSON, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Colorado.

August 15, 1994.

Attorney(s) appearing for the Case

H. William Mahaffey, W. Thomas Beltz, Hecox, Tolley, Keene & Beltz, Colorado Springs, CO, for plaintiff.

Joel R. Roessner, Tax Div., Dept. of Justice, Washington, DC, Wm. G. Pharo, Ass't U.S. Atty., for defendant.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

Before me on defendant United States' motion to dismiss is the complex question of what constitutes "damages received on account of personal injuries or sickness" under the exclusion from gross income stated in Internal Revenue Code § 104(a)(2). In particular I must determine whether mandatory statutory prejudgment interest, added by operation of law to Colorado personal injury awards under C...

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