Authors

Westlaw

Document Type

Case Brief

Publication Date

2-15-1995

Opinion

Taxpayers brought action for refund of income and social security taxes paid on settlement awarded in ERISA action. On cross-motions for summary judgment, the District Court, Kent, J., held that damages awarded under civil enforcement provision of ERISA are not “tort-like” remedy and, therefore, are not excludable from gross income. Ordered accordingly. Procedural Posture(s): Motion for Summary Judgement.

Court

United States District Court, S.D. Texas, Galveston Division

Judges

Hon. Samuel B. Kent

Lawyers

Phyllis J. Cohen, Woodard Hall & Primm, Houston, TX, Stephen L. Hester, Washington, DC, John G. Jacobs, Plotkin & Jacobs, Chicago, IL, Roslyn M. Litman, Litman Litman Harris & Brown, Pittsburgh, PA, for plaintiffs. Michael D. Powell, Gregory S. Garland, Dept. of Justice, Tax Div., Dallas, TX, for defendant.

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