- 4 - it paid her the $373,307 award as "wages, tips, other compensation." On their 1994 Form 1040, petitioners included the $373,307 award in wages, and claimed a $284,082 "above-the-line" deduction for the amount of the award that was not paid on account of past earnings. Petitioners claimed and reported on their return that the $284,082 was received by Ms. Coady as self-employment income, and they claimed that $168,217 of the legal fees and costs was deductible from this income, resulting in net income from self- employment of $115,865.2 Petitioners claimed a miscellaneous itemized deduction of $53,121 with respect to the remaining legal fees and costs. Respondent determined, and reflected in a notice of deficiency issued to petitioners on December 10, 1996, that petitioners' 1994 gross income includes the total award of $373,307. Respondent also determined that petitioners' legal fees and costs totaling $221,338 were deductible as a miscellaneous itemized deduction subject to the 2-percent floor under section 67. Petitioners concede that none of the award, legal fees, or costs was attributable to self-employment. Discussion 2Petitioners' allocation to self-employment of legal fees and costs bears the same ratio (as rounded) as petitioners' allocation to self-employment of the award; i.e., $168,217/$221,338 = $284,082/$373,307.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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