Dianne M. and Charles H. Headen - Page 7

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          Mikalonis v. Commissioner, T.C. Memo. 2000-281.                             
               According to petitioner, a portion of the lump-sum benefits            
          received in 2000 was a “rebate for attorney’s fees.”  To the                
          extent that petitioner incurred attorney’s fees in securing the             
          SSDI award, those fees might well have been deductible.  See sec.           
          212(1).  Nevertheless, there is insufficient evidence in the                
          record to establish the amount of the fees, or the proper year              
          for any such allowable deduction.                                           
               Taking into account petitioners’ 2000 filing status, their             
          2000 modified adjusted gross income, and the SSDI benefits                  
          petitioner received that year, we find respondent’s determination           
          as to the portion of petitioner’s SSDI benefits includable in               
          petitioners’ 2000 gross income is sustained.                                
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             for respondent.                          














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