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Tax Law

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University of Oklahoma College of Law

Attorney fees

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Full-Text Articles in Law

Making Plaintiffs Whole: A Tax Problem Of Interest, William E. Foster Jan 2012

Making Plaintiffs Whole: A Tax Problem Of Interest, William E. Foster

Oklahoma Law Review

This article illustrates the dramatic tax impact of interest awards in otherwise non-taxable litigation recoveries and proposes two alternative legislative solutions for the over-taxing of plaintiffs in these cases. While plaintiffs who recover personal injury awards typically receive favorable tax treatment, those who receive interest on such awards are taxed on the interest and often are not able to utilize deductions for attorney’s fees and other costs paid to obtain the award. Further, the attorney’s portion of the recovery in a contingency fee arrangement will be included in the plaintiff’s gross income. The result is that the plaintiff recovers less …


Income Tax: Kenseth V. Commissioner: The Assignment Of Income Doctrine And Its Misapplication To Contingent Attorney's Fees, Aubree Helvey Jan 2001

Income Tax: Kenseth V. Commissioner: The Assignment Of Income Doctrine And Its Misapplication To Contingent Attorney's Fees, Aubree Helvey

Oklahoma Law Review

No abstract provided.