- 6 - regarding gender discrimination and not upon a claim of personal physical injury or sickness. Consequently, petitioners cannot avail themselves of section 104(a)(2) to exclude $37,500 of the unreported settlement proceeds. Petitioners nevertheless claim that the settlement proceeds relate to injuries suffered by petitioner from exposure to second-hand cigarette smoke at Smith Barney. Petitioners claim that the release did not cover such injuries because Smith Barney “wanted to protect [itself]”. Petitioners have not offered, nor can they point to, any evidence in the record that supports such characterization of the settlement payment.3 The remaining $25,000 not reported by petitioners is characterized as attorney’s fees and costs. To the extent there was previously any doubt as to the includability in income of attorney’s fees received as part of a contingent-fee agreement, the U.S. Supreme Court recently resolved the question. In Commissioner v. Banks, 543 U.S. __, 125 S. Ct. 826 (2005), the Supreme Court held that in general when a plaintiff’s recovery of a money judgment or settlement constitutes income, the portion of a money judgment or settlement paid to the plaintiff’s attorney under a contingent-fee agreement is income to the plaintiff under the Internal Revenue Code. Accordingly, the $25,000 attorney’s 3 It is somewhat illogical to suggest that the release would not include all claims made by petitioner.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011