- 42 - 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).Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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