Legal Opinion
Reese v. United States
United States Court of Federal Claims
Decided July 29, 1993No. 92-93TPublishedCited by 13 opinions
1Opinion of the Court
OPINION
ANDEWELT, Judge.
In this federal tax action, plaintiff, Elizabeth A. Reese, seeks a refund of $32,580 *703for taxes she allegedly overpaid for tax year 1987. This action is presently before the court on cross-motions for summary judgment. The motions present the issue of whether punitive damages received in settlement of a civil litigation must be included in “gross income” subject to federal income tax under Sections 61 and 104(a)(2) of the Internal Revenue Code (the Code), 26 U.S.C. §§ 61 and 104(a)(2). Although Congress addressed the taxation of punitive damages in amendments to Section…
2Cases cited16 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
- Helvering v. CliffordSupreme Court of the United States · 1940
- Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
- United States v. BurkeSupreme Court of the United States · 1992
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Elizabeth A. Reese v. United StatesCourt of Appeals for the Federal Circuit · 1994
- District of Columbia v. United StatesUnited States Court of Federal Claims · 2005
- Exxon Mobil Corp. & Affiliated Cos. v. CommissionerCourt of Appeals for the Second Circuit · 2012
- Ernest and Mary C. Horton v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1994
- Bennett v. United StatesUnited States Court of Federal Claims · 1994
8 more not listed; retrieve them via the Exa API.