Could One Simple Election Solve the Attorney Fee Issue?
3 Pages Posted: 7 Apr 2005
Abstract
Realizing that one portion of my latest law review article, Beyond The Little Dutch Boy: An Argument for Structural Change in Tax Deduction Classification, was a digression that disrupted the flow of the piece, I removed that portion of the article and published it in as a separate article in Tax Notes. The article, titled Could One Simple Election Solve the Attorney Fee Issue?, examines the question of whether an election made pursuant to a specific Internal Revenue Code provision could mitigate the contingent attorney fee issue, i.e., the proper treatment of a plaintiff who recovers taxable damages where a portion of his award is paid to his attorney pursuant to a contingent fee arrangement.
Keywords: Tax, 83(b) Election, Contingent Attorney Fees
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