Dan C. and Cassandra T. Williams - Page 6

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          interest in the taxpayer*s cause of action.  Under that                     
          reasoning, the Court of Appeals concluded that the attorney held            
          the same rights as the client with respect to the contingency fee           
          portion of the settlement and the taxpayer*s attorney, not the              
          taxpayer, realized the income with respect to the contingency               
          fee.                                                                        
               We need not analyze the validity of this argument.  The                
          Supreme Court stated that regardless of whether State law                   
          purported to give attorneys an “ownership” interest in their                
          fees, no State law of which it was aware converted the typical              
          principal-agent relationship between the client and attorney to a           
          partnership so that the contingency fee would not be taxable to             
          the client-principal.  Commissioner v. Banks, supra (discussing             
          Cotnam v. Commissioner, supra at 125).  Furthermore, because the            
          arguments were not advanced at earlier stages in the litigation,            
          the Court refused to address whether (1) the contingent-fee                 
          arrangement established a subchapter K partnership, (2) the                 
          attorney’s fee constituted a capital expense, or (3) the fee was            
          a deductible reimbursed employee business expense.  Id.                     
          Accordingly, Commissioner v. Banks dictates that the entire                 
          amount of petitioners’ recovery is included in petitioners’                 
          income.                                                                     
               Petitioners advance no arguments the Supreme Court did not             
          consider.  Therefore, petitioners have received income in an                






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