Jeffrey A. Glassman and Mary K. Glasman - Page 5

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          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.  Pursuant             





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