- 29 - 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 holdPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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