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KENSETH v. COMMISSIONER OF INTERNAL REVENUE

No. 00-3705

259 F.3d 881 (2001)

Eldon R. Kenseth and Susan M. Kenseth, Petitioners-Appellants, v. Commissioner of Internal Revenue, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 2001

Attorney(s) appearing for the Case

Cheryl R. Frank, Gerald W. Kelly, Jr. (argued), Bethesday, MD, for petitioners-appellants.

Kenneth W. Rosenberg (argued), Department of Justice, Tax Div., Appellate Section, Washington, DC, for respondent-appellee.

Before POSNER, KANNE and ROVNER, Circuit Judges.

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...

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