Larry D. & Marie A. Land - Page 8




                                        - 7 -                                         

               Litigation expenses may be deductible under either section             
          162 or section 212.  Guill v. Commissioner, 112 T.C. 325, 328               
          (1999); Noons v. Commissioner, T.C. Memo. 2000-106.  Section                
          162(a) allows a deduction for all ordinary and necessary expenses           
          paid or incurred during the taxable year in carrying on any trade           
          or business.  Under section 212, a taxpayer may deduct all the              
          ordinary and necessary expenses paid or incurred during the                 
          taxable year for the production or collection of income, if such            
          income will be taxable when received.  Andrews v. Commissioner,             
          T.C. Memo. 1992-668; Orr v. Commissioner, T.C. Memo. 1992-566;              
          sec. 1.212-1(a), Income Tax Regs.  Section 265(a)(1) provides               
          that no deduction is allowable for expenses allocable to income             
          which is wholly exempt from income tax.                                     
               In the lawsuit, petitioners "claim that they suffered                  
          personal injuries and property damage".  Land v. United States,             
          35 Fed. Cl. 345, 346 (1996), affd. 37 Fed. Cl. 231 (1997).  Under           
          section 104(a)(2), gross income does not include "the amount of             
          any damages received (whether by suit or agreement * * *) on                
          account of personal injuries or sickness".  Any damages that                
          petitioners potentially could have received on account of their             
          personal injuries would not be taxable under section 104.                   
          Therefore, the expenses associated with the personal injury                 
          portion of their suit are not deductible.  Sec. 265.                        
               Petitioners provided no allocation of the fees they paid.              
          Nevertheless, we recognize that some part of the legal fees was             






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011