- 38 - rental expenses of $52,609) are not being double counted as part of the mislabeled “cost of goods sold”. Additionally, it appears that the 1992 disbursements journal tracks personal as well as business expenses, without clearly differentiating between them. Petitioner failed to introduce any further documentation or other evidence to support his deductions. We therefore agree with respondent’s determination allowing a trade or business expense deduction for only $35,000 of the $93,275 wrongly claimed by petitioner as “cost of goods sold”. Income and Deductions in 1993 and 1994 for Amounts Withdrawn From Trust Account Any amounts deducted in 1992 under section 461(f) are treated as income and subject to taxation in the year recovered by petitioner, under the tax benefit rule. See, e.g., Hillsboro Natl. Bank v. Commissioner, 460 U.S. 370 (1983); G.M. Standifer Constr. Corp. v. Commissioner, 30 B.T.A. 184 (1934) (on settlement of dispute, taxpayer subject to tax on previously deducted litigation reserves). To prevent double deductions, no additional deduction is allowed for amounts paid from the attorney trust account to the attorneys on account of legal fees and expenses.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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