- 7 - Accordingly, we conclude that petitioner is not entitled to exclude any part of the $653,230 recovery under section 104(a)(2). Petitioner also contends that she is entitled to exclude the portion (i.e., $163,308) of the settlement used to pay legal fees. Respondent contends that the legal fees are deductible under section 212(1) as an expense for the production of income and treated as a miscellaneous itemized deduction under section 67. We agree with respondent that the legal fees are deductible to the extent they exceed 2 percent of petitioner's adjusted gross income. See Alexander v. Commissioner, 72 F.3d 938, 946 (1st Cir. 1995), affg. T.C. Memo. 1995-51; see also sec. 1.67- 1T(a)(1)(ii), Temporary Income Tax Regs., 53 Fed. Reg. 9875 (Mar. 28, 1988). We have considered all other arguments made by the parties and found them to be either irrelevant or without merit. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011