Eldon R. Kenseth and Susan M. Kenseth - Page 30

                                        - 30 -                                          
         proposition that attorneys have the same rights and power over                 
         suits as their clients), and the fact that Wisconsin’s attorney’s              
         lien statute was revised, Smelker has not retained its vitality,               
         and we do not read it as standing for the proposition that                     
         attorneys in Wisconsin have the same rights as their clients over              
              We conclude that petitioner’s award, undiminished by the                  
         amount that he paid to Fox & Fox, is includable in his 1993 gross              
         income.  The amount paid to Fox & Fox is deductible subject to                 
         certain statutory limitations as determined by respondent.  We                 
         have also considered petitioners’ remaining arguments and, to the              
         extent not mentioned herein, find them to be without merit.  To                
         reflect the foregoing,                                                         

                                                   Decision will be entered             
                                             under Rule 155.                            
              Reviewed by the Court.                                                    
              COHEN, WHALEN, CHIECHI, LARO, GALE, THORNTON, and MARVEL,                 
         JJ., agree with this majority opinion.                                         
              HALPERN, FOLEY, and VASQUEZ, JJ., did not participate in                  
         consideration of this opinion.                                                 

Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  Next

Last modified: May 25, 2011