Michael Forbes Dehoney - Page 3

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          financial statements and tax forms.  Petitioner filed a similar             
          action in the U.S. District Court, District of South Carolina,              
          Columbia Division, on April 4, 2002.  Whether petitioner may                
          deduct in taxable year 2001 the legal fees he incurred in filing            
          those actions is the only issue remaining in the instant case.1             
                                     Discussion                                       
               Individuals are allowed a deduction for ordinary and                   
          necessary expenses paid or incurred during the taxable year in              
          connection with the determination, collection, or refund of any             
          tax.  Sec. 212(3).  Cash method taxpayers may deduct expenses               
          when they are actually paid.  Sec. 1.446-1(c)(1)(i), Income Tax             
          Regs.                                                                       
               Respondent contends that petitioner’s legal expenses are not           
          properly deductible for taxable year 2001 because they were not             
          paid in that year.  Petitioner contends the expenses are                    


               1Petitioner did not receive several Forms 1099 because of              
          the above-mentioned restrictions.  Nonetheless, petitioner timely           
          filed his 2001 tax return based on the limited information he had           
          received.  Respondent determined a $743 deficiency in tax for               
          petitioner’s taxable year 2001 and issued a notice of deficiency            
          on Feb. 2, 2004.  Respondent conceded that petitioner was allowed           
          certain deductions for expenses related to rental property                  
          petitioner owned.  Respondent did not allow, however, a deduction           
          for $2,915 in legal fees associated with petitioner’s lawsuits              
          that were incurred during taxable year 2002.                                
               At trial, petitioner asked the Court to order respondent to            
          provide him with appropriate Federal income tax forms to allow              
          him to file his tax returns.  Respondent has agreed to provide              
          petitioner with the appropriate forms.  Accordingly, we do not              
          address this issue.                                                         





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