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John E. Shimota and Nan B. Shimota v. The United States

John E. SHIMOTA and Nan B. Shimota, Plaintiffs-Appellants, v. the UNITED STATES, Defendant-Appellee

Shimota v. The United States, 943 F.2d 1312 (Fed. Cir. 1991)
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Court
Court of Appeals for the Federal Circuit · U.S. Courts of Appeals
Decided
November 20, 1991
Docket
No. 91-5017
Judges
Archer, Mayer, Wen
Citations
943 F.2d 1312

Opinion — Archer

ARCHER, Circuit Judge.

John E. Shimota and Nan B. Shimota (Shimota) appeal the judgment of the United States Claims Court, Shimota v. United States, 21 Cl.Ct. 510 (1990), holding that the lump-sum payment received by Mr. Shi-mota from the Civil Service Retirement System (CSRS) after commencement of his CSRS retirement annuity was includible in income and subject to federal income taxation under section 72 of the Internal Revenue Code of 1986 ( 26 U.S.C. § 72 ), and that the 10 percent additional tax under section 72(t) was properly imposed on that payment. We affirm.

The arguments presented by Shimota in this appeal were fully considered and the issues correctly decided in Judge Robinson’s thorough and well-reasoned opinion. Accordingly, we adopt that opinion and affirm the Claims Court’s judgment.

See also Guilzon v. Commissioner, 97 T.C. 14 (1991).

AFFIRMED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 20 cases

View all citing references →
1993: 21994: 61995: 31996: 31997: 21999: 12007: 12013: 12014: 119932026peak 1994 · 6

Relies on it most ⓘ

  1. George v. United States30 Fed. Cl. 371 (Fed. Cl. 1994)
  2. Nicholson v. United States29 Fed. Cl. 180 (Fed. Cl. 1993)
  3. Malbon v. United States846 F. Supp. 900 (W.D. Wash. 1994)
  4. George v. United States90 F.3d 473 (Fed. Cir. 1996)
  5. Gomez v. Commissioner1996 T.C. Memo. 212
  6. Siano v. United States948 F. Supp. 479 (W.D. Pa. 1996)

Most recent

  1. Bohner v. Commissioner143 T.C. No. 11
  2. Gregory Blue v. United States111 Fed. Cl. 812 (Fed. Cl. 2013)
  3. McNeil v. United States78 Fed. Cl. 211 (Fed. Cl. 2007)
  4. Dzuris v. United States44 Fed. Cl. 452 (Fed. Cl. 1999)
  5. Elno D. Roundy Sandra H. Roundy v. Commissioner of Internal Revenue122 F.3d 835 (9th Cir. 1997)
  6. Logsdon v. Commissioner1997 T.C. Memo. 8

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Jones v. Comm'r, 97 T.C. No. 2 27
Shimota v. United States, 21 Cl. Ct. 510 (Ct. Cl. 1990) 23

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