Legal Opinion

Byrne v. Comm'r

United States Tax Court

Decided December 30, 2002No. 130-01UnpublishedCited by 2 opinions

P suffered a permanent disability that arose out of, and in the course of, his employment as a municipal court judge. P was awarded a disability retirement under the Judges' Retirement Law, Cal. Govt.

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P suffered a permanent disability that arose out of, and in the course of, his employment as a municipal court judge. P was awarded a disability retirement under the Judges' Retirement Law, Cal. Govt. Code secs. 75060(a) and 75061(a) (West 1993 & Supp. 2002), which provides for a disability retirement if a judge has been credited with at least 2 years of judicial service or "the disability is a result of injury or disease arising out of and in the course of judicial service." P seeks to exclude from gross income under sec. 104(a)(1), I.R.C., the payment P received in 1997. R argues that the…

1Opinion of the Court

RAYMOND J. AND JACQUELYN M. BYRNE, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Byrne v. Comm'r

No. 130-01

United States Tax Court

T.C. Memo 2002-319; 2002 Tax Ct. Memo LEXIS 338; 84 T.C.M. (CCH) 704;

December 30, 2002, Filed

Petitioners properly excluded from gross income disability retirement benefits that Judge Byrne received in 1997. Judgment entered for petitioners.

P suffered a permanent disability that arose out of, and in

the course of, his employment as a municipal court judge. P was

awarded a disability retirement under the Judges' Retirement

Law, Cal. Govt. Code secs. 75060(a)…

2Cases cited21 opinions

  1. Rowan Cos. v. United StatesSupreme Court of the United States · 1981
  2. Hanover Bank v. CommissionerSupreme Court of the United States · 1962
  3. Commissioner v. BilderSupreme Court of the United States · 1962
  4. McWilliams v. CommissionerSupreme Court of the United States · 1947
  5. Woods Inv. Co. v. CommissionerUnited States Tax Court · 1985

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

3Cited by2 opinions

  1. Sewards v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2015
  2. Kiczuk v. United StatesDistrict Court, D. Connecticut · 2023

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