Commissioner of Internal Revenue v. William L. Winter and Eunice R. Winter

GOODRICH, Circuit Judge.

This is an appeal from a decision of the Tax Court of the United States in favor of the taxpayer. 1 The question involved is a very narrow one. It is whether payments made to the taxpayer under the E. I. Du Pont De Nemours and Company (Du Pont) Pension and Retirement Plan are includable in the taxpayer’s gross income for the year 1956.

The taxpayer was employed by Du Pont for thirty-three years prior to August 1, 1954. He was then fifty-eight years of age. Because of a disabling lung condition he began, on August 1, 1954, to receive payments under the Du Pont retirement…