Fred and Yvonne Michael - Page 2

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          amounts of $3,790 and $2,903, respectively.  After concessions,             
          the sole issue for decision is whether petitioners are entitled             
          to an interest deduction for interest they paid to the Internal             
          Revenue Service (the Service) during 1991 on tax deficiencies for           
          earlier years.3                                                             
          Background                                                                  
               This case was submitted fully stipulated pursuant to Rule              
          122.  The stipulation of facts and the attached exhibits are                
          incorporated herein by this reference, and the facts contained              
          therein are found accordingly.  At the time the petition was                
          filed, petitioners resided in Thornton, Colorado.                           
               During the year in issue, Fred Michael (petitioner) was                
          unemployed.  Petitioner Yvonne Michael's principal business was             
          running Four Sisters, an Indian art retail store.                           




          1(...continued)                                                             
          Tax Court Rules of Practice and Procedure, unless otherwise                 
          indicated.                                                                  
          2Petitioners concede that they are liable for an addition to                
          tax under sec. 6651(a)(1) equal to 25 percent of any deficiency             
          determined herein.                                                          
          3On their 1991 joint Federal income tax return, petitioners                 
          deducted $21,286.76 on Schedule A as legal fees.  Respondent                
          concedes that $7,211 is an allowable deduction for legal fees               
          under sec. 212 but is subject to the 2 percent of adjusted gross            
          income limitation on Schedule A.  Petitioners concede that the              
          remaining $14,075.76 claimed as legal fees is not an allowable              
          deduction.  Respondent concedes that petitioners are not liable             
          for an accuracy-related penalty under the provisions of sec.                
          6662(a).                                                                    




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