Walton A. Sutherland - Page 20

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               Finally, petitioner claims that he cannot be taxed on the              
          item in question because he did not actually receive it, and it             
          would have been illegal for him to have received it.  See                   
          Commissioner v. First Sec. Bank of Utah, N.A., 405 U.S. 394                 
          (1972).  Petitioner argues that he was prohibited from receiving            
          the item under (1) New York law and (2) an order issued by his              
          employer, the New York Attorney General, prohibiting Department             
          of Law employees from engaging in private practice.  We do not              
          agree that the New York law or Attorney General rule cited by               
          petitioner would make it illegal for petitioner to receive the              
          fee that he waived to Hester.  New York Code of Professional                
          Responsibility, rule 2-107(A), which covers legal fee splitting,            
          does not invalidate petitioner's fee-sharing agreements with the            
          Lipsig firm because (1) we assume Hester consented to the                   
          agreements, as evidenced by the statements made in her affidavit            
          supporting the petition for a compromise order, and (2)                     
          petitioner contributed to the legal work in an amount sufficient            
          to satisfy rule 2-107(A).  See Benjamin v. Koeppel, 626 N.Y.S.2d            
          982, 985-986 (1995) (referring attorney contributed to the legal            
          work by merely interviewing the client, evaluating the case,                
          discussing the case with the representing firm, and attending one           
          meeting between client and firm).  N.Y. Jud. sec. 474 does not              
          prohibit petitioner from collecting fees; rather it prescribes              
          the procedural method for obtaining fees, which petitioner failed           
          to follow as he had assigned his portion of the fee.  Finally,              




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