- 16 - owed $3,864,012 from petitioner for services rendered. The payment structure is immaterial. Petitioner has set forth an alternative argument. He argues that, in spite of Sinyard v. Commissioner, supra, the Court of Appeals for the Ninth Circuit would not apply Federal tax law in this case. Instead, petitioner contends that Oregon law would apply to determine whether a property right in the settlement proceeds had been created in the attorney under the contingent fee agreement. Petitioner contends that as Oregon law gives the attorney such a right, the Court of Appeals would disregard Kenseth and Sinyard. In spite of petitioner’s argument, we find nothing in Oregon law which provides an attorney hired under a contingent fee agreement with anything more than a right to compensation for services rendered. When BCal directly paid petitioner’s attorneys, it merely paid the fees petitioner already owed to petitioner’s attorney. Indeed, the settlement agreement explicitly stated that BCal would pay “defendant’s attorney, Charles Merten”. In addition, the Court of Appeals for the Ninth Circuit explicitly rejected the reasoning in Cotnam v. Commissioner, supra. The court stated: “We do not see how the existence of a lien in favor of the taxpayer’s creditor [taxpayer’s attorney] makes the satisfaction of the debt any less income to thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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