- 5 -5 notice of deficiency, respondent determined that the deduction was subject to section 67(a) and that petitioners were subject to the alternative minimum tax. OPINION The parties agree that if petitioners' payments relating to attorney's fees are not capital expenditures, such payments are deductible pursuant to section 212. Petitioners' primary contention is that their section 212 deduction for attorney's fees is not subject to section 67(a), which allows miscellaneous itemized deductions only to the extent that such deductions exceed 2 percent of adjusted gross income (the 2-percent floor). Respondent, however, contends that the deduction is subject to the 2-percent floor. We agree with respondent. Section 67(a) expressly permits miscellaneous itemized deductions only to the extent such deductions exceed 2 percent of adjusted gross income. The section 212 deduction is a miscellaneous itemized deduction that is subject to this limitation. Alexander v. Commissioner, 72 F.3d 938, 946 (1st Cir. 1995), affg. T.C. Memo. 1995-51; secs. 63(d), 67(a) and (b); sec. 1.67-1T(a)(1)(ii), Temporary Income Tax Regs., 53 Fed. Reg. 9875 (Mar. 28, 1988). Therefore, petitioners' primary contention is meritless. In the alternative, petitioners contend that their payments are capital expenditures that increase the basis of Mrs. Glassman's interest in Mr. Oddino's pension benefits. PursuantPage: Previous 1 2 3 4 5 6 7 8 Next
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