- 7 -7 retirement benefits. The administrator's actions prompted Mrs. Glassman to file her claim and formed the basis of her cause of action. The second step requires us to characterize the transaction that we identified in the first step. Id. at 678. Respondent contends that the taxable portion of the income stream from the Hughes Plan is ordinary income. See secs. 61(a)(11), 72, 402(a); Eatinger v. Commissioner, T.C. Memo. 1990-310. Indeed, petitioners consistently reported the taxable portion of all payments from the plan as ordinary income. We conclude that Mrs. Glassman's claim relates to the calculation of benefits under the Hughes Plan, not to a "capital transaction" (e.g., the acquisition, disposition, defense, or protection of title to property). Therefore, petitioners' expenditures are not capital expenditures. See Dye v. United States, 121 F.3d 1399, 1405 (10th Cir. 1997) (stating that expenditures for attorney's fees are not capital expenditures if incurred to secure taxable, ordinary income); see also Leonard v. Commissioner, 94 F.3d 523, 526 (9th Cir. 1996); Parker v. United States, 215 Ct. Cl. 773, 573 F.2d 42, 51 (1978); cf. Pierce Estates, Inc. v. Commissioner, 3 T.C. 875, 892-893 (1944)(holding that expenditures for attorney's fees are not capital expenditures where incurred in litigation over the proper method of calculating how much incomePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011