- 13 - 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 overallPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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