- 9 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011