Legal Opinion

United States v. Daley (In re Daley)

District Court, District of Columbia

Decided August 2, 2018No. Civil Case No. 17-10962-NMGPublishedCited by 3 opinions

1Opinion of the Court

GORTON, District Judge.

*681This bankruptcy appeal arises from a dispute regarding the priority of a creditor's claim in a bankruptcy proceeding. The Internal Revenue Service ("IRS" or "appellant") and joint debtor-appellees Thomas E. Daley and Nicole E. Daley (collectively, "the Daleys" or "appellees") disagree as to whether the liability imposed by an early withdrawal from a qualified retirement plan is 1) a tax, 2) compensation for actual pecuniary loss or 3) compensation for non-pecuniary loss. Appellees made early withdrawals from a qualified retirement plan in 2012 and 2013. Pursuant to 26…

2Cases cited6 opinions

  1. National Federation of Independent Business v. SebeliusSupreme Court of the United States · 2012
  2. T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
  3. United States v. Reorganized CF&I Fabricators of Utah, Inc.Supreme Court of the United States · 1996
  4. Boston Regional Medical Center, Inc. v. Massachusetts Division of Health Care Finance & PolicyCourt of Appeals for the First Circuit · 2004
  5. Bradford v. United States Department of the Treasury—Internal Revenue Service (In re Bradford)United States Bankruptcy Court, M.D. Georgia · 2015

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

3Cited by3 opinions

  1. George J. McPherson and Melanie A. McPhersonUnited States Bankruptcy Court, N.D. Ohio · 2021
  2. Howard D. JuntoffUnited States Bankruptcy Court, N.D. Ohio · 2021
  3. SZCZYPORSKIDistrict Court, E.D. Pennsylvania · 2021

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