- 40 - IV. Is Petitioner Entitled to Additional Deductions? The statutory notice did not allow petitioner any deductions for trade or business expenses. On the basis of copies of a few checks drawn on the Universal account, respondent has conceded that petitioner is entitled to deduct, as trade or business expenses, the following amounts paid by Universal: $914 for postage, $220 to sponsor sports teams, and $441 for printing. 12(...continued) States, 202 F.3d 854 (6th Cir. 2000) (contingent-fee agreement is not invalid assignment of income, and client’s income does not include portion of recovery paid to attorney pursuant to the agreement); Cotnam v. Commissioner, 263 F.2d 119 (5th Cir. 1959), affg. in part and revg. in part 28 T.C. 947 (1957). Petitioner’s argument has no merit. Not only do other Courts of Appeals (including the Court of Appeals for the Ninth Circuit, to which the present case is appealable) and the Tax Court disagree with Estate of Clarks and Cotnam, see, e.g., Coady v. Commissioner, 213 F.3d 1187 (9th Cir. 2000); Baylin v. United States, 43 F.3d 1451 (Fed. Cir. 1995); Kenseth v. Commissioner, 114 T.C. 399 (2000), but, more importantly, the purported trust arrangement in the case at hand is completely different from the contingent fee agreements at issue in Estate of Clarks and Cotnam. In Estate of Clarks and Cotnam, the Courts of Appeals stressed that the client’s claim was, for all practical purposes, worthless without the services of the attorney who could bring it to fruition; in Estate of Clarks, the Court of Appeals even characterized the attorney-client relationship in a contingent- fee arrangement as similar to a joint venture or partnership. By contrast, in the case at hand, the record shows that petitioner’s services had value by themselves; Universal had nothing to do with, and no control over, the earning of petitioner’s service income. In short, petitioner’s control of the income generated by his services was more than sufficient to make him the party taxable on that income.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011