Sigitas J. Banaitis - Page 17




                                       - 17 -                                         
          taxpayer whose obligation is satisfied.”  Sinyard v.                        
          Commissioner, supra at 760.                                                 
               We also note that Merten did not pay any of his $3,864,012             
          to the State of Oregon under Or. Rev. Stat. sec. 18.540 (1991),             
          which claims a percentage of all punitive damages awards.  Under            
          Fee Agreement II, Merten’s fee was to come out of the punitive              
          damages.  The settlement proceeds replaced the jury verdict.                
          Therefore, if Merten were a real party in interest with respect             
          to that $3,864,012 settlement, and did not receive it instead to            
          discharge petitioner’s obligation to compensate him for services            
          rendered, Merten should have paid the State of Oregon a portion             
          of his proceeds.                                                            
               Consequently, we hold that the portion of the damages,                 
          $3,864,012, paid directly to petitioner’s attorney is includable            
          within petitioner’s gross income.                                           
               III. Constitutionality                                                 
               Petitioner claims that respondent’s determination violated             
          his constitutional right against a Government taking without due            
          process of law or just compensation.  Petitioner points out, that           
          after attorney’s fees, the Federal alternative minimum tax, and             
          the State of Oregon tax, he would be left with only $1,984,078.             
          This amount is 22.7 percent of the total settlement of                      










Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011