Francis Lawrence and Kathryn Tenopir Remkiewicz - Page 7




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               Expenses and amounts otherwise allowable which are                     
               directly allocable to any class or classes of exempt                   
               income shall be allocated thereto; and expenses and                    
               amounts directly allocable to any class or classes of                  
               nonexempt income shall be allocated thereto.  If an                    
               expense or amount otherwise allowable is indirectly                    
               allocable to both a class of nonexempt income and a                    
               class of exempt income, a reasonable proportion thereof                
               determined in light of all the facts and circumstances                 
               in each case shall be allocated to each.                               
               Initially, petitioner hired the lawyer to protect his                  
          current employment and ensure his future employment and his                 
          ability to earn a living.  To the extent that the lawyer’s                  
          services dealt with those aspects, the regulation permits                   
          allocation to nonexempt income.  In that regard, to the extent              
          that any portion of the legal fee was attributable to the                   
          protection of petitioner’s employment status, it may be                     
          deductible under section 162.                                               
               The $140,000 of exempt income was attributable to the                  
          lawyer’s efforts.  We have also found that $10,000 of the                   
          $55,127.03 in legal fees was attributable to the lawyer’s                   
          representation of petitioner before the school board and his                
          efforts to protect petitioner’s current and potential for future            
          employment.  Accordingly, respondent’s determination is sustained           
          with respect to $45,127.03 of the claimed legal fees, and                   
          petitioners are entitled to a deduction of $10,000.                         
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        under Rule 155.                               





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