October Term 2004 · Docket 03-892

Does a taxpayer owe tax on attorney fees deducted from a civil rights settlement?

The dispute centers on whether a client must report the full settlement amount or only the net amount received after paying legal fees.

Official caption
Commissioner v. Banks
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Official Transcript

Verified source milestones

  1. — An official oral-argument transcript was verified.
  2. — An official oral-argument transcript was verified.

The arguments, in order

This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.

  1. Argument 1 ·

    What happened at the argument

    The government contends that the Internal Revenue Code defines gross income broadly.

    The taxpayer contends that the assignment of income doctrine does not apply.

    The taxpayer argues that unrelated persons jointly generating income changes the tax treatment.

    Read the official transcript for this argument · Official argument details

    Sources used for this argument breakdown

A citizen's guide to the whole case

What this case is about

The case asks if a taxpayer must include attorney fees in gross income. The government argues the full recovery is taxable. The taxpayer argues only the net amount is taxable.

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How the case got here

The Supreme Court heard oral argument in this case on November 1, 2004.

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What each side wants

The government wants the taxpayer to report the full settlement amount as income.

The taxpayer wants to report only the net amount received after paying fees.

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What each side says

The government argues that gross income includes all income from any source.

The taxpayer argues that the assignment of income doctrine does not apply here.

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What the justices asked

Justice O'Connor asked about attorney fees in class action suits.

Justice Souter asked why the rule does not apply to class actions.

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Why it matters

This case determines how taxpayers report civil rights settlements. It affects the calculation of taxable income for many litigants. The outcome defines the scope of federal taxing power.

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What happens next

This article currently covers the argument record. Use the official docket link for later case activity.

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Official Court provenance

Official docket and case history · Official Supreme Court oral-argument detail page

Title and summary sources

Revision history

  1. Revision 1 · Official Transcript ·

    Correction: Rewritten to the concise citizen-facing editorial standard.

  2. Revision 2 · Official Transcript ·

    Correction: Migrated to the dated official Court activity contract without model use.

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