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amounts allocated and to be used to pay attorney's fees were to
be awarded to the class plaintiffs, not to the attorneys.
Petitioners argue that because the class action lawsuits
provided benefits to persons other than the class plaintiffs, the
attorneys acted as private attorneys general. We note that
Winthrop and Weinstine never sought relief on behalf of unnamed
plaintiffs. Injunctive relief on behalf of all employees of IDS
was sought by the EEOC. Correspondence mailed by Winthrop and
Weinstine to potential class members explained that employees of
IDS not joining the class would not receive any damages. It was
EEOC, not Winthrop and Weinstine, that requested broader relief
that would extend beyond the class plaintiffs.
In summary, the $252,608 portion of the total award received
by petitioner from IDS in the class action lawsuits that is
allocable to attorney's fees and that is in dispute herein is to
be included in the taxable income of petitioner.
Decision will be entered
for respondent.
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