Ralph J. and Mary H. Muegge - Page 9




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            not “contracted bona fide and for an adequate and full                                     
            consideration in money or money’s worth.”  The Stern estate paid                           
            the deficiency and sued for a refund in the U.S. District Court,                           
            Southern District of Indiana.  In September 1997, the District                             
            Court held that petitioner’s claim against the estate was                                  
            deductible.                                                                                
            C.    Petitioners’ 1993 Return                                                             
                  On their 1993 return, petitioners reported one-half                                  
            ($91,250) of the amount petitioner received in satisfaction of                             
            her claim as income from wages, salaries, tips, etc.  Petitioners                          
            did not report the other one-half of the award ($91,250) as                                
            income or deduct any of their expenses of caring for Mr. Stern.                            
                                               OPINION                                                 
            A.    Whether Certain Payments From the Stern Estate Were                                  
                  Nontaxable Reimbursements of Petitioners’ Expenses                                   
                  Respondent contends that the $182,500 that petitioners                               
            received from Mr. Stern’s estate in 1993 was compensation for                              
            their services to Mr. Stern, and that petitioners may not deduct                           
            their expenses on behalf of Mr. Stern because petitioners paid                             
            those expenses in prior taxable years.2  Respondent also contends                          
            that the expenses were not deductible under section 162 and were                           
            personal expenses under sections 262 and 263.                                              


                  2  Respondent concedes that petitioners may deduct $17,138                           
            of their expenses in 1993.  Consequently, respondent contends                              
            that petitioners underreported their 1993 income by $74,112                                
            ($91,250 minus $17,138).                                                                   





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