- 44 - business expenses, see Guill v. Commissioner, 112 T.C. 325 (1999), we have denied petitioner’s pension contribution deduction on the ground that the recovery in her settlement of the State Farm class action lawsuit did not constitute earned income from services actually rendered by her in conducting a Schedule C business. There was no nexus between the recovery and the rendering of any personal services by petitioner to the payor. The nexus was different; the recovery was connected to, had its origin in, and arose out of State Farm’s invidious discrimination, which deprived her of the opportunity to perform any such services. Our denial of petitioner’s claim to a pension plan contribution deduction on that ground forecloses her claim that she is entitled to an above-the-line Schedule C deduction for legal fees, rather than the itemized deduction subject to the 2- percent limitation of section 67 that respondent allowed in the statutory notice. To give effect to all the foregoing, Decision will be entered for respondent.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44
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