Richard W. Kochansky v. Commissioner Internal Revenue Service

CANBY, Circuit Judge:

As part of a divorce settlement, Richard Kochansky (“Kochansky”) and his wife, Carol, agreed that a portion of the contingent fee which Kochansky earned by representing a client in a medical malpractice suit would be paid to Carol. After the divorce, the malpractice case was settled favorably and the fee paid. Kochansky appeals the Tax Court’s decision that the entire amount of the contingent fee is taxable to Kochansky de spite the fact that a portion of the contingent fee was distributed to Carol. In addition, Kochansky appeals the Tax Court’s judgment upholding the…