-21- income because the nature of his relationship with the defendants, the nature of his underlying claims, and the retention of his attorney “for the sole purpose of culminating the settlement agreement” distinguish his case from Commissioner v. Banks, supra; and his relationship with his attorney constituted a “de facto subchapter K partnership”.13 Respondent contends that Banks is controlling and that the portion of the settlement amount used to pay petitioner’s attorney’s fees must be included in petitioner’s gross income. Respondent concedes that petitioner may deduct the amount of the attorney’s fees as a miscellaneous itemized deduction subject to the restrictions of sections 67 and 68 and the alternative minimum tax provisions. We agree with respondent. 13Petitioner also contends that “If any tax is determined to be due”, the filing fees, discovery fees, and supply costs he allegedly incurred in pursuing his claims against the bank “should be excluded as costs of producing the taxable income.” We interpret this as petitioner’s argument that the fees and costs are deductible as expenses paid or incurred for the production of income under sec. 212(1). Deductions are strictly a matter of legislative grace, and petitioner must show that his deductions are allowed by the Internal Revenue Code. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Petitioner must also keep sufficient records to substantiate any deductions otherwise allowed by the Internal Revenue Code. Sec. 6001; see New Colonial Ice Co. v. Helvering, supra at 440. Petitioner provided no evidence regarding any of the alleged fees and costs other than his own vague testimony. In the absence of corroborating evidence, we are not required to accept petitioner’s self-serving testimony. See Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). Because petitioner has failed to substantiate the fees and costs, he is not entitled to deduct them.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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