1. Home
  2. Browse Decisions
  3. U.S.
  4. 543 U.S.
  5. 543 U.S. 426 (2005)
 

COMMISSIONER v. BANKS

No. 03-892.

543 U.S. 426 (2005)

COMMISSIONER OF INTERNAL REVENUE v. BANKS

Supreme Court of United States.

Decided January 24, 2005.

Attorney(s) appearing for the Case

David B. Salmons argued the cause pro hac vice for petitioner in both cases. With him on the briefs were former Solicitor General Olson, Acting Solicitor General Clement, Assistant Attorney General O'Connor, Deputy Solicitor General Hungar, Richard Farber, and Kenneth W. Rosenberg.

James R. Carty argued the cause pro hac vice for respondent in No. 03-892. With him on the briefs were Robert G. Wilson, Russell R. Young, Roger J. Jones, and Glenn P. Schwartz. Philip N. Jones argued the cause for respondent in No. 03-907. With him on the briefs were Peter J. Duffy, Holly N. Mitchell, and Eric Schnapper.†

KENNEDY, J., delivered the opinion of the Court, in which all other Members joined, except REHNQUIST, C. J., who took no part in the decision of the cases.

JUSTICE KENNEDY delivered the opinion of the Court.

The question in these consolidated cases is whether the portion of a money judgment or settlement paid to a plaintiff's attorney under a contingent-fee agreement is income to the plaintiff under the Internal Revenue Code, 26 U. S. C. § 1 et seq. (2000 ed. and Supp. I). The issue divides the courts of appeals. In one of the instant cases, Banks v. Commissioner...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases