- 15 - 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),Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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