John W. Banks, III - Page 19




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          412 that we respectfully continue to believe that Cotnam was                
          wrongly decided and that we would “adhere to our holding * * *              
          [contrary to Cotnam] that contingent fee agreements * * * come              
          within the ambit of the assignment of income doctrine and do not            
          serve * * * to exclude the fee from the assignor’s gross income.”           
               The Court of Appeals for the Sixth Circuit, the court to               
          which an appeal of this case lies, agrees with the holding in               
          Cotnam that excludes from a taxpayer’s gross income the portion             
          of a damage award paid to the taxpayer’s attorney under a                   
          contingent fee arrangement.  In Estate of Clarks ex rel. Brisco-            
          Whitter v. United States, supra at 856, the Court of Appeals for            
          the Sixth Circuit interpreted applicable State (Michigan) law to            
          operate more or less the same way as the applicable State                   
          (Alabama) law in Cotnam.  The court held that a portion of the              
          contingent fee paid to the estate’s attorneys was not includable            
          in the estate’s income.  The court rejected the proposition that            
          the assignment of income doctrine enunciated in Lucas v. Earl,              
          281 U.S. 111 (1930), is applicable to such contingent fee                   
          agreements.                                                                 
               Under our so-called Golsen doctrine, see Golsen v.                     
          Commissioner, 54 T.C. 742, 756-757 (1970), affd. 445 F.2d 985               
          (10th Cir. 1971), we follow the holding of a Court of Appeals to            
          which a case is appealable where that holding is squarely on                
          point.  For the reasons stated by the Court of Appeals for the              






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