James T. Sinyard and Monique T. Sinyard - Page 9

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          is deductible to petitioners only as a miscellaneous itemized               
          deduction under section 67.                                                 

                                      OPINION                                         
               Attorney's fees and costs awarded to prevailing parties in             
          litigation generally are treated as received by the parties, not            
          by the attorneys, and as items of taxable income to the                     
          prevailing parties.  See Alexander v. Commissioner, 72 F.3d 938,            
          946-947 (1st Cir. 1995), affg. T.C. Memo. 1995-51; Baylin v.                
          United States, 43 F.3d 1451, 1455 (Fed. Cir. 1995); Bagley v.               
          Commissioner, 105 T.C. 396, 418-419 (1995), affd. 121 F.3d 393,             
          395-396 (8th Cir. 1997); Estate of Gadlow v. Commissioner, 50               
          T.C. 975, 979-980 (1968); Petersen v. Commissioner, 38 T.C. 137,            
          151-152 (1962); Coady v. Commissioner, T.C. Memo. 1998-291; Hayes           
          v. Commissioner, T.C. Memo. 1997-213; Hardin v. Commissioner,               
          T.C. Memo. 1997-202; Martinez v. Commissioner, T.C. Memo.                   
          1997-126.                                                                   
               Also, taxpayers generally are treated as realizing taxable             
          income when their expenses are paid by another.  Sec. 61;                   
          Commissioner v. Glenshaw Glass Co., 348 U.S. 426 (1955).  The               
          Supreme Court in Old Colony Trust Co. v. Commissioner, 279 U.S.             
          716, 729 (1929), stated that "The discharge by a third person of            
          an obligation to him is equivalent to receipt by the person                 
          taxed."  See also United States v. Boston & Me. R.R., 279 U.S.              
          732, 734 (1929).                                                            





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