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PHILLIPS v. CHICAGO CENT. & PACIFIC R. CO.

No. 13-0729.

853 N.W.2d 636 (2014)

Russell PHILLIPS, Appellant, v. CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY, a Delaware Corporation, Appellee.

Supreme Court of Iowa.

Rehearing Denied September 26, 2014.

Attorney(s) appearing for the Case

Richard D. Crotty , Council Bluffs, and Christopher W. Bowman of Yaeger, Jungbauer & Barczak, P.L.C., St. Paul, Minnesota, for appellant.

R. Todd Gaffney , Kellen B. Bubach , and Eric G. Hoch of Finley, Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C., Des Moines, for appellee.

Nicholas A. Klinefeldt , United States Attorney, and William C. Purdy , Assistant United States Attorney, and Marion E.M. Erickson and Jonathan S. Cohen , Washington, D.C., for amicus curiae United States of America.

APPEL, Justice.

In this case, we must determine the tax consequences of a general verdict under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (2006). A railroad employee filed a negligence action against a railroad and obtained a favorable general jury verdict. The employer withheld a portion of the subsequent award to pay taxes allegedly due under the Railroad Retirement Tax Act (RRTA), 26 U.S.C. §§ 3201-3241, and paid the balance...

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