Sudhir P. Srivastava and Elizabeth S. Pascual - Page 12

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          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...)           




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