William J. Goeden and Carol S. Goeden - Page 15

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          includable, it follows that the attorney's fees should be                   
          allocated in the same proportion as the excludable and includable           
          portions of the settlement payments.  Section 265(a)(1) precludes           
          a deduction for an amount paid for legal fees if it is allocable            
          to a class of income exempt from taxation.  See also Stocks v.              
          Commissioner, 98 T.C. at 18; Metzger v. Commissioner, 88 T.C.               
          834, 860 (1987), affd. without published opinion 845 F.2d 1013              
          (3d Cir. 1988); sec. 1.265-1(c), Income Tax Regs.  We so hold.              
          Issue 3.  Section 6661 Addition to Tax                                      
               Respondent determined that petitioners are liable for an               
          addition to tax under section 6661 for substantial understatement           
          of tax for 1988.  Petitioners contend that they are not liable              
          for the addition to tax because (1) there was substantial                   
          authority for reporting as taxable only part of the settlement              
          payments received in that year, and (2) their Federal income tax            
          return adequately disclosed the settlement with the credit union.           
          We agree with petitioners.                                                  
               Section 6661(a), for returns due on or before December 31,             
          1989, provided for an addition to tax if there was a substantial            
          understatement of income tax for the taxable year.  In the case             
          of additions to tax assessed after October 21, 1986, the amount             
          of the addition to tax is equal to 25 percent of the amount of              
          any underpayment attributable to such understatement.  Omnibus              
          Budget Reconciliation Act of 1986, Pub. L. 99-509, sec. 8002(c),            





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