Supreme Court of the United States

Commissioner of Internal Revenue v. Banks

January 24, 2005543 U.S. 426

Summary

The Court held that when a litigant's recovery constitutes income, the portion paid to an attorney under a contingent-fee agreement is included in the litigant's gross income. This rule applies regardless of state law property interests in the fee, as the attorney-client relationship is fundamentally principal-agent. The Court reversed the Sixth and Ninth Circuits, which had excluded such fees under certain conditions.