- 8 - reduce their Federal income tax by returning the fees to the firm). No evidence indicates that when petitioner received the $129,000 he had any restrictions on his use of the $129,000 or that he had any obligation to return the $129,000 to the firm. Petitioner does not qualify for an exclusion from income of the $129,000 that he received from and later returned to his firm in late 1994. See Commissioner v. Glenshaw Glass Co., supra at 431; Jones v. Commissioner, supra at 591-592; Crary v. Commissioner, supra. Litigation Costs Generally, litigation costs advanced or paid by lawyers on behalf of their clients based on contingent fee contracts under which the clients are obligated to repay the litigation costs to the lawyers if the client matters are resolved successfully are to be treated in the year paid as loans to their client, not as ordinary and necessary business expenses. Canelo v. Commissioner, 53 T.C. 217, 225-226 (1969), affd. per curiam 447 F.2d 484 (9th Cir. 1971); Hearn v. Commissioner, 36 T.C. 672, 674-675 (1961), affd. 309 F.2d 431 (9th Cir. 1962). Upon resolution of the contingent fee matters, at that time, if the lawyers do not receive repayment of the litigation costs advanced on behalf of their clients, the lawyers are entitled to deductPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011