- 7 - fees are includable as income to petitioners, and as a result of the parties stipulation, is also deductible as an itemized deduction.4 Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing and the parties’ stipulation regarding the deductibility of attorney’s fees, Decision will be entered under Rule 155. 4 The Supreme Court in Commissioner v. Banks, 543 U.S. __, 125 S. Ct. 826 (2005), noted that the American Jobs Creation Act of 2004, Pub. L. 108-357, sec. 703, 118 Stat. 1546, amending the I.R.C. by adding sec. 62(a)(19) was not effective at the time of the transaction. Since the Act is not retroactive, the Supreme Court did not consider it. Likewise, we need not consider whether it might apply to the facts of this case.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011