Ivor F. and Debra A. Benci-Woodward, et al. - Page 8

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               Petitioners argue that Congress never intended legal                   
          expenses attributable to punitive damages to fall within the                
          category of miscellaneous itemized deductions.  In that                     
          connection, petitioners maintain that                                       
               Since punitive damage awards were not definitively                     
               determined to be taxable until recently, there was no                  
               prior need for a determination that attorney fees                      
               should be allowed as an itemized deduction excluded                    
               from the miscellaneous itemized deduction "catch-all"                  
               of section 67(b).                                                      
               Petitioners cite no authority in support of their                      
          proposition, and their argument is, in fact, untenable.  The                
          treatment of legal expenses attributable to punitive damages as             
          miscellaneous itemized deductions results from the purely                   
          mechanical application of section 67.  Moreover, such treatment             
          accords with the treatment of legal fees attributable to damages            
          awarded in, or settlements connected with, contractual disputes,            
          for example, which have always been subject to tax.  Alexander v.           
          Commissioner, 72 F.3d 938 (1st Cir. 1995), affg. T.C. Memo. 1995-           
          51; see also Brewer v. Commissioner, T.C. Memo. 1997-542 (holding           
          that a deduction for legal fees attributable to settlement of               
          Title VII gender discrimination suit is a miscellaneous itemized            
          deduction subject to the 2-percent floor); Glassman v.                      
          Commissioner, T.C. Memo. 1997-497 (holding that section 212                 










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