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DYE v. U.S.

No. 96-3055.

121 F.3d 1399 (1997)

Dorothy DYE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 8, 1997.

Attorney(s) appearing for the Case

Ervin G. Johnston, Johnston, Ballweg & Tuley, Overland Park, KS, argued the cause for plaintiff-appellant.

Teresa E. McLaughlin, United States Department of Justice, Washington, DC, argued the cause for defendant-appellee. Regina S. Moriarty assisted on the brief.

Before PORFILIO, BARRETT, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

During the 1980s, Dorothy Dye lost over $850,000 because of various improprieties committed by her stockbroker. When Dye became aware of these improprieties, she sued. In 1989, the stockbroker's former employers settled Dye's lawsuit for $572,905.97, of which $207,617.37 went to Dye's attorneys. On her 1989 tax return, Dye sought to characterize the settlement proceeds as a "longterm capital gain," and the attorneys' fees as a "capital expenditure...

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