- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011