Legal Opinion
Delaney v. Commissioner
Court of Appeals for the First Circuit
Decided November 1, 1996No. 95-2066PublishedCited by 57 opinions
1Opinion of the Court
CYR, Circuit Judge.
Joseph J. and Jane H. Delaney (“appellants” or “the Delaneys”) challenge a United States Tax Court ruling upholding a determination by the Commissioner of Internal Revenue that a portion of their $250,000 settlement recovery in a tort-based action for personal injuries is subject to federal income tax as statutory prejudgment interest. We affirm the Tax Court ruling, without deciding whether prejudgment interest is ever ex-cludable as “damages received on account of personal injuries” under Section 104(a)(2) of the Internal Revenue Code.
I
BACKGROUND
In 1988, the Delaneys…
2Cases cited44 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- United States v. JanisSupreme Court of the United States · 1976
- Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
- Commissioner v. SchleierSupreme Court of the United States · 1995
- Raytheon Production Corp. v. Commissioner of Int. Rev.Court of Appeals for the First Circuit · 1944
39 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Hughes A. Bagley and Marilyn B. Bagley v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1997
- Rozpad v. CommissionerCourt of Appeals for the First Circuit · 1998
- Cook v. United StatesUnited States Court of Federal Claims · 2000
- Gerstenbluth v. Credit Suisse Securities (USA) LLCCourt of Appeals for the Second Circuit · 2013
- Charles Francisco Cecilia Francisco v. United StatesCourt of Appeals for the Third Circuit · 2001
52 more not listed; retrieve them via the Exa API.