- 86 - 8. Majority Opinion’s Handling of Authorities The majority misstate the Alexander, Baylin, Brewer, and O’Brien cases (majority op. pp. 14, 17-18, and 21, respectively) and what they stand for. The majority opinion at page 14 creates a misleading impression about the significance of Alexander v. IRS, 72 F.3d 938, 948 (1st Cir. 1995), affg. T.C. Memo. 1995-51. The Court of Appeals for the First Circuit did affirm the Tax Court, and the Court of Appeals did say that applying the AMT to the itemized deductions “smacks of injustice”, as indeed it did--the sum of the legal fees and the additional tax liability exceeded the taxpayers’ net taxable recovery. What the majority opinion omits is that the taxpayer in Alexander did not argue, as petitioners argue in the case at hand, that the legal fee should be excluded from petitioner’s gross income because the assignment of income rules don’t properly apply.57 There was both a taxable recovery–- $250,000–-and a concededly non-taxable recovery–-$100,000–-and the taxpayer deducted an allocable part of his legal fees (computed on a disproportionate time basis, which the Commissioner did not dispute) from the taxable recovery. The Tax Court and the Court of Appeals for the First Circuit held, 57 Alexander v. IRS, 72 F.3d 938, 948 (1st Cir. 1995), affg. T.C. Memo. 1995-51, lacked any findings as to whether the legal fee in question was a contingent fee or a fee based on hourly rates for which the taxpayer was personally liable.Page: Previous 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Next
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