John M. and Carolyn Merritt - Page 8

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          reduce their Federal income tax by returning the fees to the                
          firm).                                                                      
               No evidence indicates that when petitioner received the                
          $129,000 he had any restrictions on his use of the $129,000 or              
          that he had any obligation to return the $129,000 to the firm.              
          Petitioner does not qualify for an exclusion from income of the             
          $129,000 that he received from and later returned to his firm in            
          late 1994.  See Commissioner v. Glenshaw Glass Co., supra at 431;           
          Jones v. Commissioner, supra at 591-592; Crary v. Commissioner,             
          supra.                                                                      

          Litigation Costs                                                            
               Generally, litigation costs advanced or paid by lawyers on             
          behalf of their clients based on contingent fee contracts under             
          which the clients are obligated to repay the litigation costs to            
          the lawyers if the client matters are resolved successfully are             
          to be treated in the year paid as loans to their client, not as             
          ordinary and necessary business expenses.  Canelo v.                        
          Commissioner, 53 T.C. 217, 225-226 (1969), affd. per curiam 447             
          F.2d 484 (9th Cir. 1971); Hearn v. Commissioner, 36 T.C. 672,               
          674-675 (1961), affd. 309 F.2d 431 (9th Cir. 1962).  Upon                   
          resolution of the contingent fee matters, at that time, if the              
          lawyers do not receive repayment of the litigation costs advanced           
          on behalf of their clients, the lawyers are entitled to deduct              







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