- 3 - 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.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011