No. 96-1191.

140 F.3d 890 (1998)

Clifford V. STANLEY, Jr.; Nanette J. Stanley; James Lacefield; Florence L. Lacefield; Robert L. Jevnager; Marjorie C. Jevnager; Jack O. King; and Marjorie J. King, Plaintiffs-Appellants. v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 9, 1998.

Attorney(s) appearing for the Case

Michael J. Abramovitz of Abramovitz & Merriam, Denver, CO, for Plaintiffs-Appellants.

Annette M. Wietecha (Richard Farber, Attorney, Tax Division, and Henry L. Solano, U.S. Atty. for District of Colorado, of Counsel, with her on brief), Tax Division, Depart. of Justice, Washington, DC, for Defendant-Appellee.

Before BRORBY, McKAY, and HENRY Circuit Judges.

McKAY, Circuit Judge.

Plaintiffs, four former Denver firefighters and police officers and their spouses, seek recovery of federal income taxes paid to the United States. They contend that their income from pensions awarded under Colorado Revised Statutes [C.R.S.] § 31-30-508 and § 31-30-6081 should have been exempt from federal income taxation pursuant to Internal Revenue Code § 104(a)(1). See 26 U.S.C. § 104...

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