Sudhir P. Srivastava and Elizabeth S. Pascual - Page 18

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          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 that             





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