T.C. Memo. 2001-127 UNITED STATES TAX COURT ANDREW S. AND LINDA HAYWORTH BRENNER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 13700-99. Filed June 4, 2001. R determined that, for 1997, Ps were liable for the alternative minimum tax computed, in part, by adding back to Ps’ reported taxable income legal fees incurred by P husband (H) and treated by Ps on their original return as Schedule A miscellaneous itemized deductions. See sec. 56(b)(1)(A)(i), I.R.C. Ps argue that the legal fees (1) were reimbursed to H by N as part of N’s payment in settlement of an arbitration proceeding instituted by H and arising out of N’s firing of H in 1996 and (2) are reimbursed employee business expenses deductible from gross income. See sec. 62(a)(2)(A), I.R.C. Held: Because H failed to substantiate his legal fees to N as required by sec. 1.62-2(c) and (e), Income Tax Regs., N’s reimbursement of such fees is treated as made under a nonaccountable plan. Therefore, they are deductible only as miscellaneous itemized deductions. See sec. 1.62-2(c)(3), (5), Income Tax Regs. R’s deficiency determination is sustained.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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