· 9/21/1990
Commissioner of Internal Revenue v. Bonnie A. Miller
Citations
- 914 F.2d 586
- 66 A.F.T.R.2d (RIA) 5620
- 1990 U.S. App. LEXIS 16750
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that \the inquiry requires consideration of the Maryland law that created Miller's entitlement to relief\
- distinguishing between punitive damages which serve no compensatory purpose and liquidated damages which serve both a deterrent and compensatory purpose
- noting in dicta that “[u]nder Maryland law, a defamation action . . . is an action for personal injuries”
- “[T]he nature of the cause of action and the injury to be remedied must be identified.” (quoting Thompson v. Comm’r, 866 F.2d 709, 711 (4th Cir. 1989)
- “[T]he Government’s interpretation of sec. 104(a)(2) comports better with the section’s underlying purpose.”
- “[P]unitive damages, as the name connotes, are rather a punishment for and deterrent to wrongdoing than a means of recompensating the victim. To the victim they are a windfall not necessarily related to the injury he has suffered.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Russell, Murnaghan, Tilley, Middle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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