Thomas F. and Toyia A. Noons - Page 2




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          consequence of this reclassification (1) the amount of the                  
          deduction was reduced because of the 2-percent floor on                     
          miscellaneous itemized deductions pursuant to section 67(a), and            
          (2) petitioners became subject to the alternative minimum tax.              
               Petitioners filed their joint 1993 tax return late.  They              
          offered no evidence, and made no reference in their posttrial               
          briefs, regarding their liability for the section 6651(a)(1)                
          addition to tax for failure to timely file a return.  Consequently,         
          we deem petitioners to have conceded this matter, and therefore the         
          only issue for decision is whether the $197,234 in legal fees is            
          deductible as Schedule C business expenses or as Schedule A                 
          miscellaneous itemized deductions.  Resolution of this issue turns          
          upon whether the legal fees were incurred by Thomas F. Noons                
          (petitioner) in connection with his trade or business, as                   
          petitioners maintain, or were incurred for the production of                
          income, as respondent maintains.                                            
               All section references are to the Internal Revenue Code as in          
          effect for the year in issue.                                               
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.  The          
          stipulation of facts and the exhibits submitted therewith are               
          incorporated herein by this reference.                                      










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