- 20 - 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,Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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