Milagros Z. Gueco - Page 6




                                        - 5 -                                         
          We sustain respondent’s determination that petitioner is not                
          entitled to the IRA contribution deduction.                                 
               The second issue for decision is whether petitioner is                 
          entitled to deduct the payment of certain legal fees to her                 
          attorney in connection with petitioner’s divorce.                           
               Personal, living, and family expenses generally are not                
          deductible by taxpayers.  Sec. 262(a).  Attorney’s fees and other           
          costs paid in connection with a divorce generally are personal              
          expenses and therefore nondeductible.  Sec. 1.262-1(b)(7), Income           
          Tax Regs.  On the other hand, expenses paid for the production or           
          collection of income, or in connection with the determination,              
          collection, or refund of any tax, generally are deductible.  Sec.           
          212(1), (3).  This is the case even if the expenses are paid in             
          connection with a divorce.  Sec. 1.262-1(b)(7), Income Tax Regs.;           
          United States v. Gilmore, 372 U.S. 39 (1963); Swain v.                      
          Commissioner, T.C. Memo. 1996-22, affd. without published opinion           
          96 F.3d 1439 (4th Cir. 1996).                                               
               The legal fees which petitioner paid to her attorney were              
          paid in order to secure petitioner’s divorce.  They were not paid           
          in order to secure the production of income (i.e., alimony), and            
          petitioner does not allege that they were paid in connection with           
          any tax advice.  Thus, the legal fees are personal expenses which           
          are nondeductible under section 262(a).                                     








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