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United States Ninth Circuit


BANAITIS v. COMM'R OF INTERNAL REVENUE, 02-70421

In an entry of judgment for an individual's income tax deficiency, the Tax Court properly concluded that an economic and punitive damage award after a tort recovery should have been included in gross income, but erred in finding that attorneys' fees should also be included.

Appellate Information

  • Argued 02/14/2003
  • Decided 08/27/2003
  • Published 08/27/2003

Judges

  • Before BEEZER, THOMAS, and CLIFTON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Joseph Wetzel and Russell A. Sandor;  Wetzel, DeFrang, & Sandor;  and Philip N. Jones;  Duffy Kekel LLP;  Portland, OR;  for the petitioner.

  • For Appellees:
  • Eileen J. O'Connor, Richard Farber, and Kenneth Rosenberg, United States Department of Justice, Tax Division;  Washington, DC;  for the respondent.
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