Legal Opinion

Mary Brabson v. United States

Court of Appeals for the Tenth Circuit

Decided January 11, 1996No. 94-1591PublishedCited by 23 opinions

1Opinion of the Court

COFFIN, Senior Circuit Judge.

In this ease, we must determine whether statutorily mandated prejudgment interest awarded in a personal injury suit is “damages received ... on account of personal injuries or sickness” within the meaning of § 104(a)(2) of the Internal Revenue Code. The district court, on the United States’ motion to dismiss, found for the taxpayer-appel-lees, Mary, Helen, and William Brabson (collectively the “Taxpayers” or “Brabsons”), and held that under Colorado law, prejudgment interest is an element of compensatory damages excludable from income under § 104(a)(2). See…

2Cases cited23 opinions

  1. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  2. Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
  3. Crane v. CommissionerSupreme Court of the United States · 1947
  4. United States v. BurkeSupreme Court of the United States · 1992
  5. Lyeth v. HoeySupreme Court of the United States · 1938

18 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Rozpad v. CommissionerCourt of Appeals for the First Circuit · 1998
  2. Eric N. Umbach v. Commissioner of Internal Revenue, Joseph D. Specking v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 2004
  3. Delaney v. CommissionerCourt of Appeals for the First Circuit · 1996
  4. Umbach v. CommissionerCourt of Appeals for the Tenth Circuit · 2003
  5. Charles Francisco Cecilia Francisco v. United StatesCourt of Appeals for the Third Circuit · 2001

18 more not listed; retrieve them via the Exa API.

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