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Internal Revenue Commissioner v. Banks

Docket No.: 03-892
Certiorari Granted: Mar 29 2004
Argued: November 1, 2004
Decided: January 24, 2005
Consolidated with: 03-907

Topics:

Internal Revenue Code, Federal Taxation, Federal Taxation, Civil Rights Act, Civil Rights Act of 1964, Fifth Amendment, Internal Revenue Code, Medicare, Sixteenth Amendment, Takings Clause, Title VII, attorney fees, property rights, retaliation

PartyNames: Commissioner of Internal Revenue v. John W. Banks, II
Petitioner: Commissioner of Internal Revenue
Respondent: John W. Banks, II

Court Below: United States Court of Appeals for the Sixth Circuit
Citation: 345 F3d 373
Supreme Court Docket

Commissioner of Internal Revenue
v.
John W. Banks, II
543 U.S. 426 (2005)
Question Presented:

Whether, under Section 61(a) of the Internal Revenue Code, 26 U.S.C. 61(a), a taxpayer's gross income from the proceeds of litigation includes the portion of his damages recovery that is paid to his attorneys pursuant to a contingent fee agreement.

Question:

Does a taxpayer's gross income from litigation proceeds include contingency fees paid to lawyers?

Internal Revenue Commissioner v. Banks
ORAL ARGUMENT

November 1, 2004

Holding: reversed and remanded
Decision: Decision: 8 votes for Internal Revenue Commissioner, 0 vote(s) against
Vote: 8-0
Recused: Chief Justice Robert
Opinion By: Justice Anthony M. Kennedy

Internal Revenue Commissioner v. Banks
Case Documents

1Slip Opinion in Internal Revenue Commissioner v. Banks
2Opinion in Internal Revenue Commissioner v. Banks
3Opinion in Internal Revenue Commissioner v. Banks
Additional documents for this case are pending review.