Christine Kenton & Greg Braden - Page 2

                                        - 2 -                                         
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the year in issue, and              
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.  All references to petitioner in the singular are to             
          petitioner Christine Kenton.                                                
               The primary issue remaining for decision is whether                    
          petitioner’s legal fees relating to an employment discrimination            
          lawsuit are deductible by petitioners on a Schedule A, Itemized             
          Deductions, or on a Schedule C, Profit or Loss From Business, of            
          petitioners’ 2001 joint Federal income tax return.  If deductible           
          on petitioners’ Schedule C, the deduction for the legal fees                
          would avoid being reduced by the pernicious alternative minimum             
          tax (AMT) and by the 2-percent floor generally applicable to                
          miscellaneous itemized deductions.                                          

                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
               At the time the petition was filed, petitioners resided in             
          Covelo, California.                                                         
               Beginning in the fall of 1995, petitioner was employed for             
          2 years by a television production company (Company).  On or                
          about January 23, 1998, petitioner was terminated by the Company.           
               On May 28, 1998, petitioner entered into a contingent fee              
          agreement with an attorney under which petitioner was obligated             
          to pay the attorney 40 percent of amounts recovered in connection           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011