Taylor Miller - Page 42




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          was not paid as compensation for personal services actually                 
          rendered.7                                                                  
               The settlement proceeds received by petitioner do not meet             
          the personal service requirements for earned income set forth in            
          section 401(c)(2), section 1.401-10(c)(1), Income Tax Regs., and            
          the relevant case law.                                                      
               Inasmuch as the State Farm settlement proceeds do not                  
          constitute income from self-employment within the meaning of                
          section 401(c)(2) or section 1402(a), petitioner is not entitled            
          to deduct the contributions to her defined benefit plan, the TJM            
          Pension Plan.  We therefore need not address the question briefed           
          by the parties regarding the limitations on the contribution                
          deduction.                                                                  
               b. Character of Deduction for Legal Fee                                
               Petitioner presented no evidence and requested no findings             
          of fact on this issue and pays scant attention to it in her                 
          briefs.  In her briefs, petitioner concludes by doing no more               
          than asserting:  “petitioner should be entitled to a deduction              
          * * * of $58,459.24 for attorneys’ fees and costs without regard            
          to the limitation under I.R.C. � 67.”                                       


               7 Because the State Farm settlement proceeds were not the              
          result of personal services actually rendered by petitioner, we             
          need not determine the precise nature of the settlement proceeds            
          or specifically characterize the settlement proceeds as a                   
          particular type of income.  See Gump v. United States, 86 F.3d              
          1126, 1130 (Fed. Cir. 1996).                                                





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