- 6 - On October 13, 1993, the Surrogate's Court issued its decree9 in the matter of the accounting for the estate, finding some issues in favor of and some against petitioner. The decree further held that petitioner's efforts had benefited the estate and that she should be reimbursed by the estate for legal fees and litigation expenses paid to her attorneys in the amount of $31,141.10 The parties agree that petitioners incurred the $4,855 in legal fees claimed on their 1990 return, $17,144 of the $17,468.01 claimed on their 1991 return and $10,577.30 in legal fees for 1992 although they deducted but $7,444 on their return for the year. Discussion We must decide whether the legal fees incurred by petitioners in the years 1990 through 1992 are deductible under section 212, which provides: In the case of an individual, there shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year-- (1) for the production or collection of income; (2) for the management, conservation or maintenance of property held for the production of income; or 9Affd. sub nom. In the Matter of Mary Doris Casey, 634 N.Y.S.2d 396 (N.Y. App. Div. 1995). 10This amount encompasses the $29,915.07 deducted on petitioners' return for the years 1990, 1991, and 1992.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011