- 2 - 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011