Commissioner V. Banks

Commissioner v. Banks, 543 U.S. 426 (2005), together with Commissioner v. Banaitis, was a case decided before the Supreme Court of the United States, dealing with the issue of whether the portion of a money judgment or settlement paid to a taxpayer's attorney under a contingent-fee agreement is income to the taxpayer for federal income tax purposes. The Supreme Court held when a taxpayer's recovery constitutes income, the taxpayer's income includes the portion of the recovery paid to the attorney as a contingent fee. Employment cases are an exception to this Supreme Court ruling because of the Civil Rights Tax Relief in the American Jobs Creation Act of 2004. The Civil Rights Tax Relief amended Internal Revenue Service § 62(a) to permit taxpayers to subtract attorney’s fees from gross income in arriving at adjusted gross income.

Read more about Commissioner V. Banks:  Background, Issue, Opinion of The Court, Subsequent Developments

Famous quotes containing the word banks:

    These, and such as these, must be our antiquities, for lack of human vestiges. The monuments of heroes and the temples of the gods which may once have stood on the banks of this river are now, at any rate, returned to dust and primitive soil. The murmur of unchronicled nations has died away along these shores, and once more Lowell and Manchester are on the trail of the Indian.
    Henry David Thoreau (1817–1862)