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MONTGOMERY v. U.S.

No. 93-3101.

18 F.3d 500 (1994)

Robert E. MONTGOMERY and Lenora H. Montgomery, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 10, 1994.

Attorney(s) appearing for the Case

Thomas J. O'Rourke (argued) and Virginia H. Johnson, Shaw, Bransford & O'Rourke, Washington, DC, for plaintiff-appellee.

John J. Thar, Jeffrey L. Hunter, Asst. U.S. Attys., Office of the U.S. Atty., Indianapolis, IN, Gary R. Allen, Charles Bricken (argued), Bruce R. Ellisen, and Michael W. Davis, Dept. of Justice, Tax Div., Appellate Section, Washington, DC, for defendant-appellant.

Before POSNER, Chief Judge, BAUER, Circuit Judge, and NORGLE, District Judge.

POSNER, Chief Judge.

The government appeals from an adverse judgment in a suit for refund of federal income tax. 829 F.Supp. 1061 (S.D.Ind. 1993). The taxpayer was a participant in the Civil Service Retirement System, 5 U.S.C. §§ 8331 et seq., a pension plan for federal employees pursuant to which he made regular contributions from his after-tax income to the Civil Service Retirement and Disability Fund. The contributions...

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