- 8 - If you are a cash method taxpayer who pays an expense and then recovers any part of the amount paid in the same tax year, reduce your expense deduction by the amount of the recovery. If you have recovery in a later year, include the recovered amount in income. * * * Petitioner’s reliance on that publication is unwarranted because the excerpt relied upon assumes that the expenditure is deductible in the first instance. The material relied on by petitioner does not address the critical preliminary question of whether the costs advanced were loans or expenses. Reliance on the Commissioner’s publication, in this instance, is misplaced because it does not contain guidance on the question of which costs, payments, or disbursements constitute a deductible expense.4 Respondent, in the notice of deficiency, disallowed petitioner’s claimed deduction of litigation costs for 1993. Respondent also reversed petitioner’s 1993 income inclusion attributable to reimbursement of litigation costs deducted in prior years (including 1992). Finally, respondent determined that section 481 applied, and so the reimbursement income 4 Assuming arguendo that the publication was applicable to the question of whether or not advanced costs are deductible, the statement relied on by petitioner is the statement of a legal principle (i.e., Tax Benefit Rule). Because a necessary element for estoppel is that there be reliance on a factual statement, the circumstances here would not satisfy that necessary prerequisite. See Estate of Emerson v. Commissioner, 67 T.C. 612, 617-618 (1977).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011