- 7 - disallowed petitioners' miscellaneous itemized deductions for legal fees completely, and determined AMT liability for the Benci-Woodwards, the Mangums, and the Ragatzes in the respective amounts of $85,009, $73,787, and $75,694. Howard reported on Schedule C, Profit or Loss From Business (Sole Proprietorship), attached to his 1992 individual tax return as gross receipts from his legal practice all of the attorney's fees he received from plaintiffs. Discussion The dispute here concerns the appropriate treatment for the legal fees and costs attributable to punitive damages that the plaintiffs incurred in pursuing their lawsuit against the defendants. Section 67(a) imposes a 2-percent floor on the miscellaneous itemized deductions of individuals for all taxable years beginning after December 31, 1986. In other words, miscellaneous itemized deductions may be taken only to the extent that they exceed 2 percent of an individual taxpayer's adjusted gross income. Miscellaneous itemized deductions are defined in section 67(b) as those itemized deductions that are not specifically enumerated therein. Legal expenses related to the production or collection of income and thereby deductible under section 212(1), as here, are not specifically enumerated in section 67(b).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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