In this week's edition: Congress goes home for the holidays, and a new case affecting taxation of attorneys fees.
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2003 in Congress: What Didn't Happen:
Both houses of Congress have now adjourned until January 20, 2004, so it's time to evaluate what was accomplished. It's mostly unfortunate that in evaluating this year, it's easier for us to look at what Congress didn't do than what it did, when it comes to the issues we track here at Workplace Fairness. While legislators went home to observe the holidays and campaign locally, several important pieces of legislation remain on their agenda for next year -- an election year in which Congress is historically notorious for accomplishing even less than other years.
Decision Date: December 12, 2003
Attorneys' fees paid to plaintiffs' lawyers pursuant to a settlement agreement with a previous employer must be treated as a miscellaneous itemized deduction, rather than an adjustment to gross income stemming from a reimbursed employee expense under I.R.C. section 62(a)(2)(A). "Services as an employee" were not being performed by the taxpayer at time of bringing suit, thus that section's requirements are not met.
Decision Date: December 9, 2003
In a Title VII hostile work environment, sexual harassment and constructive discharge case, summary judgment for defendants is reversed and remanded with respect to claims against a judge, in his official capacity as supervisor, and against the employer county.