- 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 thePage: 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