Hugh D. and Nancy L. Sims - Page 2




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          petitioners are entitled to an abatement of interest pursuant to            
          section 6404(e).1                                                           
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts is incorporated herein by this                     
          reference.  Petitioners resided in St. Paul, Minnesota, when the            
          petition in this case was filed.  References to petitioner are to           
          Hugh D. Sims.                                                               
               This case arises from the settlement of a class action                 
          lawsuit against Northwest Airlines for alleged violations of the            
          Age Discrimination in Employment Act (ADEA).  Petitioner, a                 
          retired U.S. Air Force pilot, was working for a commercial air              
          carrier when he received an unsolicited letter from the U.S.                
          Equal Employment Opportunity Commission (EEOC) asking him if he             
          would like to participate in a class action lawsuit against                 
          Northwest Airlines.  He agreed to participate.                              
               In the summer of 1987, during the pendency of the lawsuit,             
          petitioner was interviewed for employment by Northwest Airlines             
          and hired as an employee.                                                   
               Sometime after petitioner was hired by Northwest Airlines,             
          the class action lawsuit was settled.  Under the terms of the               



               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the year at issue, and              
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.  Monetary amounts are rounded to the nearest dollar.             





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