Pepi Schafler, f.k.a. Pepi Summer - Page 8

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          explained that many of the billing records in question relate to            
          a 3-day trial which primarily concerned petitioner's entitlement            
          to alimony.                                                                 
               The billing records in question are not sufficient to allow            
          us to ascertain with precision those legal fees which are                   
          attributable to petitioner's alimony income.  Nevertheless, the             
          record reflects that petitioner paid legal fees in the amount of            
          $9,845 to Birzon & Zakia during the taxable year in issue.                  
          Moreover, petitioner's divorce was contentious, and the question            
          of alimony payments was at issue in the divorce proceedings.  See           
          Summer v. Summer, 85 N.Y.2d 1014, 654 N.E.2d 1218 (1995)                    
          (considering petitioner's award of maintenance in connection with           
          divorce proceedings).  Furthermore, because petitioner's return             
          reflects taxable alimony received during 1992 in the amount of              
          $19,000, we are satisfied that a portion of petitioner's legal              
          fees is allocable to alimony.  Relying upon the principles                  
          enunciated in Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930),            
          we conclude that $3,000 of petitioner's legal fees is                       
          attributable to the production or collection of taxable alimony;            
          therefore, petitioner is entitled to a deduction in that amount.            
          See Feldman v. Commissioner, T.C. Memo. 1991-153.                           
               3.  Medical Expenses                                                   
               During the taxable year in issue, petitioner incurred                  
          various expenses for medical treatment and health insurance.                
          Respondent has conceded that petitioner paid expenses for medical           



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