Ivor F. and Debra A. Benci-Woodward, et al. - Page 13

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          cause of action.  In an en banc opinion, Isrin v. Superior Court            
          of Los Angeles County, 403 P.2d 728, 732 (Cal. 1965), the Supreme           
          Court of California concluded that contingent fee agreements "do            
          not operate to transfer a part of the cause of action to the                
          attorney but only give him a lien upon his client's recovery."              
               Petitioners also argue that cases which have addressed the             
          taxability of punitive damages have consistently analyzed those             
          damages net of attorney's fees and costs.  Petitioners cite                 
          Hawkins v. United States, 30 F.3d 1077 (9th Cir. 1994); O'Gilvie            
          v. United States, 66 F.3d 1550 (10th Cir. 1995), affd. in part,             
          revd. on the issue of taxability of punitive damages 519 U.S. 79            
          (1996); and Commissioner v. Miller, 914 F.2d 586 (4th Cir. 1990),           
          revg. and remanding 93 T.C. 330 (1989), supplemented by T.C.                
          Memo. 1993-49.                                                              
               In both Hawkins v. United States, supra, and O'Gilvie v.               
          United States, supra, the respective Courts appear to have                  
          accepted, without further consideration or discussion, the                  
          premise that the question to be resolved was the taxability of              
          punitive damages, net of attorney's fees and costs.  In                     
          Commissioner v. Miller, supra, the Court of Appeals for the                 
          Fourth Circuit reversed a prior Tax Court decision holding that             
          punitive damages are exempt from tax.  The taxpayer had obtained            
          a jury verdict awarding $500,000 in compensatory damages and                
          $450,000 in punitive damages, which was settled for an overall              






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