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CAMPBELL v. C.I.R.

No. 10-13677.

658 F.3d 1255 (2011)

Albert D. CAMPBELL, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 28, 2011.

Attorney(s) appearing for the Case

Bradley J. Davis , Lan B. Kennedy-Davis , Davis & Kennedy, PA, Lake Mary, FL, for Petitioner-Appellant.

Andrew Weiner , Jonathan S. Cohen , John Dicicco, App. Section, Tax Div., U.S. Dept. of Justice, Washington, DC, Robert E. O'Neill , David Paul Rhodes , U.S. Attys., Tampa, FL, William J. Wilkins , Chief Counsel-IRS, Washington, DC, Respondent-Appellee.

Before DUBINA, Chief Judge, HILL, Circuit Judge, and GOLDBERG, Judge.

PER CURIAM:

Taxpayer Albert D. Campbell was awarded and received a net $5.25 million qui tam payment from the government as a "relator" in two lawsuits settled against government contractor Lockheed Martin (Lockheed) under the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733 (2006). Campbell asserted that the award was not taxable.1

The Tax Court disagreed. It held that the entire amount was includable in Campbell...

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