Shawnee E. Tefteller - Page 12




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          are deductible if the suit against the taxpayer ‘arises in                  
          connection with’ or ‘proximately results from’ the taxpayer’s               
          business or profit-seeking activity.”  O’Malley v. Commissioner,            
          91 T.C. 352, 362 (1988)(quoting United States v. Gilmore, 372               
          U.S. at 48).                                                                
               Although employment-related legal fees are deductible under            
          section 162 or 212, if the taxpayer’s trade or business consists            
          of the performance of services as an employee, then the expenses            
          are not deductible from gross income.  Instead, they are treated            
          as a miscellaneous itemized deduction, subject to the limitations           
          of section 67(a).                                                           
               Petitioner contends that she filed the State court lawsuit             
          in her capacity as an independent contractor, individually or on            
          behalf of Neena Mosha, and that the origin and nature of the                
          claim clearly arose in connection with this business activity.              
          See also Silberman v. United States, 40 Fed. Cl. 895  (1998).  As           
          noted above, we found that petitioner was an employee of Mr. Gans           
          and his related businesses and not an independent contractor.               
          Therefore, petitioner is not entitled to deduct legal expenses              
          arising from the settlement on her Schedule C but rather her                
          legal fees and costs are deductible on Schedule A as an itemized            
          deduction, subject to limitations.                                          
          Settlement Portion to Former Spouse                                         
               Petitioner contends that $3,728.65 of the settlement award             






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