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United States Eighth Circuit


N. DAKOTA STATE UNIV. v. US, 00-1545, 00-1546

University's early retirement program payments to tenured faculty in exchange for their giving up tenure rights are not subject to FICA taxes since the payments relinquish a protected property right and are not remuneration for services subject to FICA taxation.

Appellate Information

  • Decided 06/18/2001
  • Published 06/18/2001

Judges

  • HANSEN, Circuit Judge., Before RICHARD S. ARNOLD and HANSEN, Circuit Judges, and DAVIS, District Judge.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Kenneth L. Greene, Department of Justice, Tax Division, argued, Washington, DC (Michelle B. O'Connor, on the brief), for appellant.

  • For Appellees:
  • Garry A. Pearson, argued, Grand Forks, ND (Jon J. Jensen, on the brief), for appellee.
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