I'm receive a 1099 for paid commission. The company failed to pay me everything. I am suing for the past wages. Do I claim this income not received?

I am an independent travel agent.  I work from my home but work under a company umbrella.   I am paid on a commission basis only.  The company (such as Disney where the family traveled)  pays the company 100% of the commission once the travel is completed.  The company is then supposed to pay me 70% of that commission.   At the end of the year I am sent a 1099 of the commission that was paid to me.  Over the last year or more the company failed to pay me the commission due.  They would send a little bit or pay part of one trip to keep me working for them.  I have since left the company and am employed somewhere else.  I am suing for the past wages I am due.  My question is:  Do I claim this income even if I didn't receive it?  My other question is:  I still had all of the expenses even though I didn't get paid.  Can I still claim them?  The finally, once I win my court case and these wages are garnished from the company and paid to me do I claim them then?

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