Legal Opinion

Campbell v. Commissioner

United States Tax Court

Decided January 21, 2010No. Docket 21209-07PublishedCited by 14 opinions

P included on his return as "Other income" $ 5.25 million of an $ 8.75 million "qui tam" payment P was awarded pursuant to a Federal False Claims Act action. He did not report the remaining $ 3.5 million, which was subtracted from the recovery by P's attorneys as attorney's fees. P then omitted the $ 5.25 million net proceeds of the qui tam payment from the taxable income of $ 793 he reported on his return.

Read the full summary

P included on his return as "Other income" $ 5.25 million of an $ 8.75 million "qui tam" payment P was awarded pursuant to a Federal False Claims Act action. He did not report the remaining $ 3.5 million, which was subtracted from the recovery by P's attorneys as attorney's fees. P then omitted the $ 5.25 million net proceeds of the qui tam payment from the taxable income of $ 793 he reported on his return. P disclosed the $ 3.5 million attorney's fee payment on Form 8275, Disclosure Statement, attached to his return. P contends that none of the $ 8.75 million qui tam payment is includable in…

1Opinion of the Court

Wells, Judge:

Respondent determined a deficiency in petitioner’s Federal income tax for taxable year 2003 of $3,044,000, an accuracy-related penalty pursuant to section 6662(a) of $608,800, and a delinquency addition to tax pursuant to section 6651(a)(1) of $151,955.50. We must decide the following issues: (1) Whether a “qui tarn” settlement payment is taxable income to petitioner; (2) whether petitioner has substantiated that he paid contingent attorney’s fees from the qui tarn settlement; (3) if so, whether the attorney’s fee payment is includable in petitioner’s gross income and deductible…

2Cases cited23 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Lucas v. EarlSupreme Court of the United States · 1930
  3. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  4. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  5. HIGBEE v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2001

18 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Stromme v. Comm'rUnited States Tax Court · 2012
  2. Seven W. Enterprises, Inc. v. CommissionerUnited States Tax Court · 2011
  3. Alderson v. United StatesDistrict Court, C.D. California · 2010
  4. Bagley v. United StatesDistrict Court, C.D. California · 2013
  5. Patrick v. Comm'rUnited States Tax Court · 2014

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API