T.C. Memo. 2000-120 UNITED STATES TAX COURT SHARON PURCELL DILEONARDO, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 5508-97. Filed April 5, 2000. P is a one-sixth income beneficiary of a trust. In State court, P filed objections to an accounting by the trustee. The State court (1) ruled against P, (2) required P to compensate the trustee, the other beneficiaries, and a guardian ad litem for their expenses in dealing with P’s objections, and (3) directed the trustee to use P’s share of the trust distributions to accomplish this compensation. P reported as income her share of the trust’s income and deducted the court-ordered payments. Held: The origin and character of the claim resulting in P’s payments was the trustee’s filing of an accounting, proposing a distribution, and acknowledging that an argument could be made for a different apportionment of the proposed distribution; P’s payments are deductible under sec. 212(1) and (2), I.R.C. 1986.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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