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