Dan C. and Cassandra T. Williams - Page 2

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               The parties filed cross-motions for summary judgment                   
          pursuant to Rule 1211 on the sole issue as to whether amounts               
          paid to an attorney under a contingency fee arrangement may be              
          excluded from petitioners* income.                                          
          Background                                                                  
               Petitioners Dan C. and Cassandra T. Williams resided in                
          Marathon, Florida, at the time their petition was filed.  During            
          1998, petitioners retained an attorney to represent them in a               
          lawsuit against Ms. Williams’s former employer for statutory                
          employment discrimination under Federal and State laws and for              
          tortious conduct under State law.  As part of the retention                 
          agreement, petitioners* attorney was entitled to a contingency              
          fee of 40 percent of the proceeds of the lawsuit, plus                      
          reimbursement for all costs.                                                
               Petitioners* attorney filed suit in the U.S. District Court            
          for the Southern District of Florida.  Prior to trial,                      
          petitioners settled all claims against Ms. Williams’s former                
          employer for $500,000.  The settlement agreement provided for a             
          release of all Federal and State claims in exchange for                     
          petitioners’ receiving one $250,000 payment during 1998 and one             
          in 1999.  Petitioners* attorney received the payments in accord             


               1 Unless otherwise indicated, all Rule references are to the           
          Tax Court Rules of Practice and Procedure, and all section                  
          references are to the Internal Revenue Code in effect for the               
          taxable years at issue.                                                     





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