ORDER
RICHARD C. FREEMAN, District Judge.
This action is before the court on defendant's motion for summary judgment and plaintiff's cross-motion for summary judgment.
Background
At issue in the case is whether plaintiff's receipt of punitive damages from settlement of a 42 U.S.C. § 1983 action comprises gross income under I.R.C. § 104(a)(2) (1986). Count I of the complaint seeks a refund of $68,516.00 and statutory interest...
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