Ruby Jean Stevens - Page 2




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                                                  Accuracy-related penalty            
               Year           Deficiency                sec. 6662(a)                  
               1993           $3,803                   $761                           
               1994           17,323                   3,465                          
          After concessions,1 the sole issue2 for consideration is whether            
          certain professional fees incurred by petitioner in connection              
          with litigation involving a trust of which she was a trustee and            
          beneficiary were deductible under section 212 or were capital               




               1Respondent has conceded the following: (a) Petitioner is              
          entitled to deduct legal and other professional fees of $5,806              
          and legal and accounting fees of $2,974 relating to "Rent-Red               
          Stevens, Inc." as claimed on petitioner's 1993 return; (b) of the           
          $1,859 in fees claimed on petitioner's 1993 return, petitioner is           
          entitled to deduct $665 on Schedule E and $845 on Schedule A; (c)           
          of the $13,569 in fees claimed on petitioner's 1994 return,                 
          petitioner is entitled to claim $927 on Schedule E; and (d)                 
          petitioner is not liable for the accuracy-related penalty                   
          authorized by sec. 6662 for either of the years at issue.                   
               Petitioner has conceded the following: (a) Petitioner is not           
          entitled to charitable contribution deductions in excess of                 
          $1,006 and $6,424 with respect to taxable years 1993 and 1994               
          respectively; and (b) petitioner's medical expenses for the                 
          taxable year 1993 total $13,734, not $12,654.  Other adjustments            
          at issue in this case (i.e., adjustments to itemized deductions             
          and dependency exemptions) are computational.                               
               2Respondent's statement of the issues presented differs from           
          petitioner's in one material respect.  Respondent states that an            
          issue has been raised concerning the deductibility of the                   
          professional fees under sec. 162.  Petitioner, however, has                 
          stated consistently throughout her opening and reply briefs that            
          it is not necessary to address whether she was in the trade or              
          business of being a trustee, preferring instead to argue her case           
          under sec. 212 and related regulations.  Because petitioner has             
          not presented any argument regarding sec. 162, we do not address            
          it.                                                                         




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