Legal Opinion
Eldon R. Kenseth and Susan M. Kenseth v. Commissioner of Internal Revenue
Court of Appeals for the Seventh Circuit
Decided August 7, 2001No. 00-3705PublishedCited by 46 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Some years ago Mr. Kenseth filed an age-discrimination suit against his former employer. He had a contingent-fee contract with the law firm that represented him, pursuant to which the firm deducted 40 percent of the proceeds of the settlement that it obtained for him, remitting the balance to him. The Tax Court ruled that the entire proceeds, including the $91,800 deducted by the law firm as its fee, were part of Kenseth’s gross income. The fee was (most of it anyway, as we’ll see in a moment) a deductible expense — but only for purposes of the regular federal income…
2Cases cited12 opinions
- Lucas v. EarlSupreme Court of the United States · 1930
- Ethel West Cotnam v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1959
- Alexander v. Internal Revenue Service of the United StatesCourt of Appeals for the First Circuit · 1995
- First Chicago Corporation v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1988
- Srivastava v. CommissionerCourt of Appeals for the Fifth Circuit · 2000
7 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Commissioner v. BanksSupreme Court of the United States · 2005
- Speltz v. Comm'rUnited States Tax Court · 2005
- Cole v. CommissionerCourt of Appeals for the Seventh Circuit · 2011
- Abbott v. ChesleyKentucky Supreme Court · 2013
- Susan Shott v. Rush-Presbyterian-St. Luke's Medical CenterCourt of Appeals for the Seventh Circuit · 2003
41 more not listed; retrieve them via the Exa API.