Jack and Janet Freeman - Page 20




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             Woodward v. Commissioner, 219 F.3d 941 (9th Cir. 2000),                  
             affg. T.C. Memo. 1998-395.  In that case, the court held                 
             that an award of punitive damages was fully includable in                
             the taxpayers' gross income, notwithstanding the fact that               
             a portion of the award was retained by the taxpayers'                    
             attorney, pursuant to a contingent fee agreement.  Id.                   
             The Court of Appeals noted that under California law, the                
             law applicable in that case and in the instant case, "an                 
             attorney lien does not confer any ownership interest upon                
             attorneys or grant attorneys any right and power over the                
             suits, judgments, or decrees of their clients."  Id. at                  
             943; see also Brewer v. Commissioner, T.C. Memo. 1997-542                
             (attorney's fees paid with respect to action for statewide               
             discrimination in California), affd. without published                   
             opinion 172 F.3d 875 (9th Cir. 1999).  Accordingly, the                  
             Court of Appeals found no reason to distinguish the payment              
             to the taxpayers' attorney under the contingent fee                      
             agreement in that case from the attorneys' fees at issue in              
             Coady v. Commissioner, 213 F.3d 1187 (9th Cir. 2000), affg.              
             T.C. Memo. 1998-291.                                                     
                  In Coady v. Commissioner, supra, the Court of Appeals               
             for the Ninth Circuit rejected a taxpayer's argument that a              
             judgment for lost wages and benefits arising out of her                  
             wrongful termination should be reduced by contingent legal               






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