Laura D. Seidel - Page 29

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          5.  Attorney’s Fees Deduction                                               
               At trial, petitioner claimed an itemized deduction on                  
          Schedule A for attorney’s fees in the amount of $2,058.50.                  
               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.  Swain v. Commissioner, T.C. Memo.               
          1996-22, affd. without published opinion 96 F.3d 1439 (4th Cir.             
          1996); sec. 1.262-1(b)(7), Income Tax Regs.                                 
               The legal fees which petitioner paid to her attorney were              
          paid in order to secure petitioner’s divorce and property                   
          settlement.  Petitioner expressly waived all spousal support                
          (i.e., alimony).  However, a portion of petitioner’s attorney’s             
          fees was paid in order to secure the production of income;                  
          namely, the distribution from Mr. Seidel’s CWSC 401(k) plan                 
          includable in her income as alternate payee.  Therefore, under              
          section 212 and under the Cohan rule, we may estimate the amount            
          of the Schedule A itemized deductible expense.  Thus, we hold               








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