REESE v. U.S.

No. 93-5199.

24 F.3d 228 (1994)

Elizabeth A. REESE, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 16, 1994.


Attorney(s) appearing for the Case

David Shane Smith, Spotts, Smith & Fain, P.C., Richmond, VA, submitted for plaintiff-appellant. With him on the brief was John B. Nicholson.

Edward Perelmuter, Atty., Dept. of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Michael L. Paup, Acting Asst. Atty. Gen., Gary R. Allen and Kenneth L. Greene, Attys.

Before NIES, LOURIE, and RADER, Circuit Judges.


LOURIE, Circuit Judge.

Elizabeth A. Reese appeals from a decision of the United States Court of Federal Claims denying her motion for summary judgment and granting the United States' cross-motion for summary judgment. Reese v. United States, 28 Fed.Cl. 702 (1993). Because punitive damages received in settlement of civil litigation are not excludable from a taxpayer's "gross income" subject to federal income tax under section 104(a)(2) of the Internal Revenue...

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