- 5 - paid on the arbitration award in 2001. Petitioners do not now contest that the $148,744 constitutes income to petitioner. Also, on the Schedule C to petitioners’ amended 2001 joint Federal income tax return, petitioners claimed a business expense deduction of $65,676 in legal fees relating to the lawsuit and the arbitration award. Further, on petitioners’ amended 2001 joint Federal income tax return, petitioners claimed additional itemized deductions in the total amount of $8,520 relating to business use of petitioners’ home, travel expenses, business expenses, real estate taxes, and charitable contributions. Respondent now concedes that petitioner incurred $59,498 in legal fees relating to the arbitration award, and respondent would treat the $59,498 as miscellaneous itemized deductions, not as Schedule C business expenses, and as subject to the AMT and to the 2-percent floor. Respondent also determined against petitioner an accuracy- related penalty of $6,561.1 OPINION Generally, legal fees are deductible on a Schedule C only if the matter with respect to which the fees were incurred 1 The tax treatment by petitioners and by respondent of portions of the $756,392 arbitration award which were paid by the Company in 2002 and 2003 are not in issue in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011