- 18 - contingency occurs, the attorney has a lien on the judgment or settlement securing his services. In re Willis, supra at 432. Accordingly, until the contingent fee agreement between petitioner and Branton & Hall ripened through finalization of the lawsuit, it was executory. Once the contingency occurred, the attorneys were entitled to a lien on the funds, which ultimately was satisfied when they received payment according to the terms of the agreement. The Supreme Court has held that The rule that income is not taxable until realized has never been taken to mean that the taxpayer, * * * , who has fully enjoyed the benefit of the economic gain represented by his right to receive income, can escape taxation because he has not himself received payment of it from his obligor. * * * [Taxation] may occur when he has made such use or disposition of his power to receive or control the income as to procure in its place other satisfactions which are of economic worth. * * * * * * * [T]he import of the statute is that the fruit is not to be attributed to a different tree from that on which it grew. [Helvering v. Horst, 311 U.S. 112, 116-120 (1940); citation omitted.] It is for this reason that "[taxation cannot] be escaped by anticipatory arrangements and contracts however skillfully devised to prevent * * * [the settlement amount] when paid from vesting even for a second in the man who earned it." Lucas v. Earl, 281 U.S. 111, 115 (1930). It is clear that petitioner enjoyed the full benefit of the settlement amount by using it to pay his attorneys for their services. It is equally clear thatPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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