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POLONE v. C.I.R.

No. 04-72672.

479 F.3d 1019 (2007)

Gavin POLONE, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 12, 2007.

Attorney(s) appearing for the Case

James M. Harris, Edwin L. Norris, Jonathan M. Brenner, Sidley Austin Brown & Wood LLP, for appellant Gavin Polone.

Bridget M. Rowan, Kenneth L. Greene, Eileen J. O'Connor, United States Department of Justice, for appellee Commissioner of the Internal Revenue Service.

Before: FARRIS and THOMAS, Circuit Judges, and SCHIAVELLI, District Judge.

ORDER

The panel has decided to amend the opinion filed June 5, 2006. The opinion is withdrawn and a substituted opinion is filed concurrently with this order. With the filing of the amended opinion, the petition for rehearing is DENIED.

OPINION

THOMAS, Circuit Judge:

This appeal presents the question of whether payments received after the effective date of amendments to 26 U.S.C. § 104(a)(2) based on a defamation settlement agreement...

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