Andrew S. and Linda Hayworth Brenner - Page 2

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               Howard W. Munchnick, for petitioners.                                  
               John J. Sweeney, for respondent.                                       

                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               HALPERN, Judge:  By notice of deficiency dated May 21, 1999,           
          respondent determined a deficiency in petitioners’ Federal income           
          tax for 1997 in the amount of $68,716.  The adjustment giving               
          rise to that deficiency is respondent’s determination that                  
          petitioners are liable for the alternative minimum tax.  After              
          concessions, the only issue remaining for decision is whether               
          petitioners may treat certain legal fees and related expenses               
          (the legal fees) as reimbursed employee business expenses                   
          deductible from gross income pursuant to section 62(a)(2)(A)                
          rather than as miscellaneous itemized deductions, which are not             
          allowed as deductions in computing alternative minimum taxable              
          income subject to the alternative minimum tax.  We hold that they           
          may not.  Our reasons follow.                                               
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the year at issue, and              
          all Rule references are to the Tax Court Rules of Practice and              

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