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RICE v. U.S.

Civ. No. S-92-518 DFL/JFM.

834 F.Supp. 1241 (1993)

Michael L. RICE and Billie M. Rice, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, E.D. California.

March 15, 1993.

Attorney(s) appearing for the Case

G. Edward Diener, Burnett Burnett and Allen, San Jose, CA, for plaintiffs.

Henry C. Darmstadter, U.S. Dept. of Justice, Trial Atty., Tax Div., Washington, DC, for defendant.

MEMORANDUM OPINION AND ORDER

LEVI, District Judge.

Plaintiffs Michael and Billie Rice sue the federal government for a refund of $114,791 in income taxes paid in 1988 and 1989. The parties have cross-moved for summary judgment. The case presents the question of whether a damage award on a claim under the Age Discrimination in Employment Act ("ADEA") is taxable income.

I

Michael Rice sued his former employer, Stauffer Chemical Company...

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