- 11 - Although petitioner did not physically receive the portion of the settlement proceeds used to pay attorney’s fees, he did receive the benefit of those funds in the form of payment for the services required to obtain the settlement. In Kenseth v. Commissioner, 114 T.C. 399 (2000), we reconsidered the view of the U.S. Court of Appeals for the Fifth Circuit regarding contingent fee agreements as expressed in Cotnam v. Commissioner, 263 F.2d 119 (5th Cir. 1959), affg. in part and revg. in part 28 T.C. 947 (1957), in light of Estate of Clarks v. United States, 202 F.3d 854 (6th Cir. 2000), and the views of other Courts of Appeals. We concluded that we would continue to adhere to our holding in O’Brien v. Commissioner, 38 T.C. 707 (1962), affd. per curiam 319 F.2d 532 (3d Cir. 1963), 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.” Kenseth v. Commissioner, supra at 412. We also declined to examine the effect of States’ attorney’s lien statutes to decide the case. See id. Thus, petitioners cannot avoid income tax by an anticipatory assignment of a portion of petitioner’s settlement proceeds to his attorneys. See Coady v. Commissioner, 213 F.3d 1187, 1190 (9th Cir. 2000), affg. T.C. Memo. 1998-291; Kenseth v. Commissioner, supra. Furthermore, petitioners have presented noPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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