Eric Test and Delia Braun - Page 10




                                       - 10 -                                         
          $70,611, are deductible as a Schedule A miscellaneous itemized              
          deduction as opposed to a Schedule C deduction.3  Respondent also           
          determined that petitioner is entitled to an additional                     
          depreciation deduction on her Schedule C in the amount of $3,180.           
                                       OPINION                                        
               The issues for our consideration are:  (1) Whether legal               
          fees in the substantiated amount of $64,412.36 and/or $6,198.64             
          of expenses in connection with SLS are deductible on petitioner’s           
          Schedule C as ordinary and necessary business expenses or whether           
          they are deductible on petitioners’ Schedule A as unreimbursed              
          employee business expenses subject to the 2 percent of adjusted             
          gross income floor and the alternative minimum tax, and (2)                 
          whether petitioners are liable for an accuracy-related penalty              
          under section 6662(a).                                                      
          Legal Expenses                                                              
               Section 162(a) allows a deduction for “all the ordinary and            
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business”.  Ordinary and necessary legal           
          expenses are generally deductible under section 162(a) when the             
          matter giving rise to the expenses arises from, or is proximately           

               3 While petitioners deducted $87,300 in legal and                      
          professional fees on Schedule C, Profit or Loss From Business, of           
          their Form 1040, U.S. Individual Income Tax Return, in 1994, they           
          have conceded that only $70,611 has been substantiated.  Of the             
          $70,611 in substantiated expenses, $6,198.64 were expended by               
          petitioner for services in connection with petitioner’s Save-a-             
          Live systems (SLS) business.                                                





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