Kenneth S. Rosen Lou Hill Davidson, (Johnnye) v. United States

WILKINS, Circuit Judge:

Taxpayers Kenneth S. Rosen and his wife, Lou Hill Davidson, 1 brought an action seeking a refund of income taxes paid for the years 1976, 1977 and 1978. The government appeals from entry of judgment for taxpayers on cross-motions for summary judgment, 646 F.Supp. 97. We reverse.

I

Rosen was a member of the Office of the President and the Board of Directors at Warner Communications, Inc. (WCI). The terms of his employment were set forth in an employment agreement effective January 1, 1977 to December 31, 1981. Section 5 of that agreement entitled Rosen to receive…