- 13 - We now turn to petitioner’s claim that she is entitled to an additional $79,688 deduction, or some part thereof, for fees paid to attorneys, accountants, and appraisers. The parties herein make no argument as to the placement of the burden of proof nor as to how section 7491(a) applies, if at all, to a new issue. In general, attorney’s fees and other expenses relating to a divorce represent personal expenses and are nondeductible to either spouse. See United States v. Gilmore, 372 U.S. 39, 49 (1963). A deduction under section 212, however, may be allowed for expenses incurred for the production or collection of income, such as expenses relating to the right to receive interest income. The evidence in support of the $79,688 paid to attorneys, accountants, and appraisers does not indicate the date the fees were actually paid by petitioner. From the invoices provided by petitioner, it appears that most of the bills were paid by petitioner before the years in dispute. Furthermore, the invoices that do relate to 1994 and 1996 fail to differentiate between amounts paid in connection with petitioner’s divorce and amounts paid, if any, to obtain the receipt of interest income. For 1994 and 1996, no part of the claimed $79,688 is deductible by petitioner. Section 6662(a) imposes a penalty of 20 percent on the portion of an underpayment of tax attributable to negligence orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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