Robert Joseph Looby and M. Patricia Looby - Page 2

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               Respondent determined deficiencies in petitioners' Federal             
          income tax for the years 1990, 1991, and 1992 in the amounts of             
          $1,358, $4,209, and $2,072, respectively.  The sole issue for               
          decision is whether petitioners are entitled to deductions under            
          section 212 for legal fees paid during the years 1990, 1991, and            
          1992.                                                                       
               Most of the facts have been stipulated and are so found.               
          The stipulation of facts and attached exhibits are incorporated             
          herein by this reference.  At the time the petition in this case            
          was filed, petitioners resided in Tucson, Arizona.  References to           
          petitioner are to M. Patricia Looby.                                        
          Background                                                                  
               In the statutory notice sent to petitioners in this case,              
          respondent disallowed for the years 1990 through 1992, itemized             
          deductions taken by petitioners for legal fees totaling                     
          $29,915.07.2                                                                
               The will                                                               
               Petitioner's mother, M. Doris Casey (decedent), died leaving           
          a will on February 16, 1982.  The will directed that debts,                 
          funeral expenses, and the expenses of settling the estate be paid           
          by the executors as soon as practicable.  The will made specific            


          2The parties stipulated petitioners' tax returns for 1990,                  
          1991, and 1992, as well as the amounts of legal fees in each                
          year.  In a separate paragraph the parties stipulated that the              
          fees for the 3 years totaled $30,095.07, an apparent error in               
          addition.                                                                   




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