- 7 - portion used to satisfy attorney’s fees and court costs and related legal expenses.3 B. Earned Income Credit In 1995, petitioner lived with Jeffery S. Roland (Mr. Roland). Although petitioner and Mr. Roland were not married, they lived together as common-law husband and wife. Mr. Roland’s younger sister, Amanda Roland (Amanda), lived with petitioner and Mr. Roland for a portion of the year. At the time, Amanda was 20 years old. Petitioner filed a joint return for 1995 with Mr. Roland. On that return, petitioner and Mr. Roland claimed both a dependency exemption for, and an earned income credit with respect to, Amanda, who was described as their foster child. 3 At trial, respondent conceded that the portion of the $40,000 recovery that was used to pay attorney’s fees and court costs and related legal expenses does not constitute gross income. See Davis v. Commissioner, 210 F.3d 1346 (11th Cir. 2000), affg. per curiam T.C. Memo. 1998-248. In Davis, the Court of Appeals for the Eleventh Circuit followed the Court of Appeals for the Fifth Circuit and held that under Alabama law, amounts paid to an attorney, subject to a contingency fee arrangement, are excludable from gross income. See Cotnam v. Commissioner, 263 F.2d 119 (5th Cir. 1959), affg. in part and revg. in part 28 T.C. 947 (1957). Although we do not share this view, see Kenseth v. Commissioner, 114 T.C. 399 (2000), under the so-called Golsen rule we follow the law of the circuit to which a case is appealable. See Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 1971). Consistent with respondent’s concession, petitioner is not entitled to deduct the portion of the recovery that was used to pay attorney’s fees and court costs and related legal expenses.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011