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