Sudhir P. Srivastava and Elizabeth S. Pascual - Page 29

                                       - 29 -                                         
          deductible.                                                                 
               In Church v. Commissioner, supra, we used the following                
          formula to calculate the correct deduction:                                 
             Total attorney's fees      Nonexempt income     Deductible               
               and legal expenses  X ----------------- =  expenses                    
                                        Total award                                   
               We have held that a portion of the settlement proceeds is              
          attributable to punitive damages and interest and is includable             
          in petitioners' income.  Accordingly, we find that $1,572,173 of            
          attorney's fees and legal expenses is deductible under section              
          212(1) as a miscellaneous itemized expense.                                 
          Issue 4.  Accuracy-Related Penalty Under Section 6662                       
               Respondent determined that petitioners are liable for                  
          accuracy-related penalties for the substantial understatement of            
          tax under section 6662(a) of $237,784 and $6,607 for 1991 and               
          1992, respectively.  See sec. 6662(b)(2).  Petitioners assert               
          that they are not liable for the penalty, because there was                 
          substantial authority for their reporting position, and they                
          relied upon the advice of their professional tax adviser.                   
               Section 6662(a) imposes a penalty in an amount equal to 20             
          percent of the portion of the underpayment of tax attributable to           
          one or more of the items set forth in subsection (b).  Section              
          6662(b)(2) provides that section 6662 shall apply to any portion            
          of the underpayment attributable to any substantial                         
          understatement of income tax.                                               
               There is a substantial understatement of income tax if the             




Page:  Previous  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  Next

Last modified: May 25, 2011