Plaintiff attorneys have correctly deferred tax on contingent fees—securing the tax positive aspects of an uncapped 401(k) with a pre-scheduled payout—since the IRS missing its challenge to a rate deferral arrangement in Childs v. Commissioner in 1994. Given that then, the IRS has cited Childs with acceptance, but some arrangements above the several years have evolved absent from the “classic facts” of the case. In December, the IRS Business office of Main Counsel regarded as and turned down a hypothetical and particularly intense deferral. In its non-binding Generic Lawful Assistance Memorandum, the IRS described four independent good reasons to tax the attorney on fees positioned in the aggressive deferral. Just…