- 11 - 1997-156; Berst v. Commissioner, T.C. Memo. 1997-137; Martinez v. Commissioner, T.C. Memo. 1997-126; Fredrickson v. Commissioner, T.C. Memo. 1997-125. Issue 2. Excludability of Legal Fees The second issue is whether petitioner is entitled to exclude from gross income amounts paid as legal fees. Petitioner argues that because her legal fees were paid to counsel from the settlement proceeds and petitioner never received such fees, petitioner is entitled to exclude the legal fees from her 1992 income. Respondent contends that petitioner may deduct attorney's fees of $40,620 as a miscellaneous itemized deduction to the extent they exceed 2 percent of petitioner's adjusted gross income. Although State Farm issued a check jointly to petitioner and her attorney, petitioner was responsible for her legal costs. The settlement agreement provided, inter alia, that the State Farm payment included petitioner's attorney's fees and that it was petitioner's responsibility to pay her attorney's fees. Thus, we agree with respondent that the attorney's fees are includable in petitioner's gross income and deductible as a miscellaneous itemized deduction. See Alexander v. Commissioner, 72 F.3d 938, 946 (1st Cir. 1995), affg. T.C. Memo. 1995-51.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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