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United States Leading Case uncategorised

Commissioner v Banks

543 US 426 (2005)
JurisdictionUnited States
CourtUS Supreme Court
Year2005
StatusBinding authority

Summary

The full amount of a litigation recovery is includable in gross income, even the portion paid to attorneys as contingency fees.

Key Principle

Attorney's fees paid from a litigation recovery are includable in the taxpayer's gross income; the entire recovery is income to the plaintiff, not just the net amount after fees.

Area of Law

tax

Related Cases

Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503

Statutory interpretation in tax law requires ascertaining meaning from text, context and purpose; beneficial construction favouring taxpayer is not appropriate.

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (Statutory Construction) [2012] HCA 55

Tax legislation is construed by giving words their ordinary meaning in context; legislative purpose resolves ambiguity but cannot override clear statutory language.

Aid/Watch Inc v Commissioner of Taxation (2010) 241 CLR 539

An organisation engaged in political advocacy and law reform can qualify as charitable, as generating public debate on matters of public interest satisfies the public benefit requirement.

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