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United States Ninth Circuit


Polone v. Comm'r of Internal Revenue, 04-72672

A determination of a taxpayer's tax liability for certain years is affirmed where payments he received after the effective date of amendments to 26 U.S.C. section 104(a)(2) based on a defamation settlement agreement executed prior to the effective date of the amendment were taxable as ordinary income. (Substituted opinion)

Appellate Information

  • Argued 04/06/2006
  • Decided 10/11/2007
  • Published 10/11/2007

Judges

  • Before:  JEROME FARRIS and SIDNEY R. THOMAS, Circuit Judges, and GEORGE SCHIAVELLI, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • James M. Harris, Edwin L. Norris, Jonathan M. Brenner, Sidley Austin Brown & Wood LLP, for appellant Gavin Polone.

  • For Appellees:
  • Bridget M. Rowan, Kenneth L. Greene, Eileen J. O'Connor, United States Department of Justice, for appellee Commissioner of the Internal Revenue Service.
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