Document Type

Article

Publication Date

Fall 2000

Publication Title

ABA Section of Taxation Newsletter

Keywords

deductions, tax law, attorney’s fees, alternative minimum tax

Abstract

A series of recent and controversial cases has raised the issue of how plaintiffs must treat attorneys' fees and costs that are paid out of otherwise includable settlement or litigation awards. Everyone seems to agree that under tax policy and theory plaintiffs should not be saddled with this burden. Many have expressed the desire that Congress amend the Code to correct the problem. The more difficult question, which the author addresses, is whether courts can act to protect these plaintiffs in the absence of Congressional action.

Comments

Portion reprinted in GPSolo Magazine, September 2001

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