- 12 - supra, is based upon an interpretation of Alabama State law. This case involves an interpretation of Texas State law. The Golsen rule is therefore not applicable. See Golsen v. Commissioner, supra at 757. In the Cotnam case, the taxpayer had entered into a contingent fee arrangement with her attorneys, under which the taxpayer agreed to pay the attorneys 40 percent of any amount recovered on a claim that they litigated on her behalf. The taxpayer received a judgment on the claim, and a check in the amount of the judgment was made payable to both her and the attorneys. The attorneys retained their share of the proceeds, and remitted the balance to the taxpayer. The Commissioner treated the amount of the judgment as taxable income and allowed a deduction for the attorney's fees. In holding that the amount retained by the attorneys was not includable in the taxpayer's gross income, the Court of Appeals for the Fifth Circuit concluded that under applicable State (Alabama) law, the contingent fee operated to assign to the attorneys anequitablelien and interest as to 40 percent of the judgment.5 5 As stated in the provision of the Alabama Code relied upon by the Court of Appeals for the Fifth Circuit: 2. Upon suits, judgments, and decrees for money, * * * [attorneys] shall have a lien superior to all liens but tax liens, and no person shall be at liberty to satisfy said suit, judgment or decree, until the lien or claim of the attorney for his fees is fully satisfied; and attorneys at law shall have the same (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011