- 2 - I.R.C. As R's primary position in the notice of deficiency, R determined that Ps' gross income includes the total amount of settlement proceeds. R determined that $380,000 was attributable to salary and wages, and an additional $420,000 was characterized as business gross receipts. Consistent with that allocation, R determined that $107,596 of the legal fees and costs could be deducted as a Schedule C expense, and the remaining $65,946 was a miscellaneous itemized deduction pursuant to sec. 67, I.R.C. R also set forth an adjustment position which allocated $1 million to salary and wages and nothing to business gross receipts. In accordance therewith, R determined that all legal fees and costs must be taken as miscellaneous itemized deductions pursuant to sec. 67, I.R.C. 1. Held: None of the proceeds are excludable from Ps' gross income under sec. 104(a)(2), I.R.C., because they were not received on account of a personal injury. 2. Held, further, Ps attorney's fees and costs are deductible as a miscellaneous itemized deduction to which the provisions of secs. 67 and 68, I.R.C., are applicable. Alan E. Rothfeder, Jo Karen Parr, and Carla R. Cole, for petitioners. John F. Driscoll and Shuford A. Tucker, Jr., for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION K�RNER, Judge: Respondent determined a deficiency in the Federal income tax of petitioners (Lance R. and Elaine C. LeFleur) for the tax year ended December 31, 1991, in the amount of $283,078. (Petitioner Elaine C. LeFleur is a party to this proceeding solely because she filed a joint return with herPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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