-14- much (if any) of her $275,000 payment petitioner may deduct or must capitalize. 1. Principles for Deducting Legal Fees and Expenses Under Sections 162 and 212 and the Origin of the Claim Doctrine A taxpayer who is carrying on a trade or business may deduct ordinary and necessary expenses incurred in connection with the operation of the business. Sec. 162. Similarly, ordinary and necessary expenses incurred in connection with an activity conducted for the production or collection of income, or for the management, conservation, or maintenance of property held for the production of income, are deductible if the taxpayer itemizes his or her deductions. Sec. 212. To be deductible under section 162 or 212, an expense must be directly connected with or proximately result from the taxpayer's business or an activity conducted for the production or collection of income. Kornhauser v. United States, 276 U.S. 145, 153 (1928); Madden v. Commissioner, 514 F.2d 1149, 1150 (9th Cir. 1975), revg. 57 T.C. 513 (1972); Stevens v. Commissioner, T.C. Memo. 1999-259. Personal, living, and family expenses, on the other hand, generally may not be deducted. Sec. 262(a). In addition, expenses that would otherwise be deductible under section 162 or 212 are not currently deductible if they are capital. Secs. 263, 261, 161; Woodward v. Commissioner, 397 U.S. 572, 575-576 (1970); BHA Enters., Inc. v. Commissioner, 74 T.C. 593, 599 (1980).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011