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Old 10-16-2008, 08:45 PM
Stuart Bronstein
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Default Re: Attorneys Fees - Deductible?

Alan <sfcnm-mtm[at]yahoo.com> wrote:
- quote -

> Bill Brown wrote:
> > bhata <bhata...[at]att.net> wrote:


> > > As I am dealing with my aged father's finances now, I was
> > > wondering if his attorneys fee for working on his Living Trust
> > > is deductible.
> > > You describe non-deductible personal expenses.

> Not necessarily. If the attorney who prepared the document is
> willing to break out the fee expended for providing tax advice or
> tax planning (typically quite low or zero for a revocable trust)
> or if the attorney will break out the fee expended for the
> management, conservation or maintenance of property held for the
> production of income (this would only be available if the trust
> was funded with income producing property) then there might be a
> deductible amount.


Exactly. Though for me a primary purpose of the trust (when the
trustor is married) is tax planning (in community property states it
includes both income tax and estate tax planning), so I generally
attribute a fairly large part of the fee to that. Merely avoiding
probate can be done in other much cheaper ways.

- quote -

> Usually, the amount is zero or negligible and attorneys don't
> break down their fee.


Yup. That, too.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 10-16-2008, 06:26 PM
Arthur Kamlet
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Posts: n/a
Default Re: Attorneys Fees - Deductible?

In article <e069978c-c3e1-41c1-bd60-a73e6b7fc27e[at]b31g2000prb.googlegroups.com> ,
removeps-groups[at]yahoo.com <removeps-groups[at]yahoo.com> wrote:
- quote -

> On Oct 16, 7:46 am, Bill Brown <brow...[at]longwood.edu> wrote:
> > On Oct 16, 10:35 am, bhata <bhata...[at]att.net> wrote:
> > > As I am dealing with my aged father's finances now, I was
> > > wondering if his attorneys fee for working on his Living Trust
> > > is deductible.
> > > You describe non-deductible personal expenses.

> Since this is money related, wouldn't this be an itemized deduction
> subject to the 2% of AGI limitation (which often makes it useless
> anyway .



"Money Related" does not mean it is deductible.
--


ArtKamlet at a o l dot c o m Columbus OH K2PZH

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 10-16-2008, 05:58 PM
Alan
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Posts: n/a
Default Re: Attorneys Fees - Deductible?

Bill Brown wrote:
- quote -

> On Oct 16, 10:35 am, bhata <bhata...[at]att.net> wrote:
> > As I am dealing with my aged father's finances now, I was
> > wondering if his attorneys fee for working on his Living Trust
> > is deductible.
> > > TIA

> > You describe non-deductible personal expenses.

Not necessarily. If the attorney who prepared the document is
willing to break out the fee expended for providing tax advice or
tax planning (typically quite low or zero for a revocable trust)
or if the attorney will break out the fee expended for the
management, conservation or maintenance of property held for the
production of income (this would only be available if the trust
was funded with income producing property) then there might be a
deductible amount.

Usually, the amount is zero or negligible and attorneys don't
break down their fee.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 10-16-2008, 04:21 PM
removeps-groups@yahoo.com
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Posts: n/a
Default Re: Attorneys Fees - Deductible?

On Oct 16, 7:46 am, Bill Brown <brow...[at]longwood.edu> wrote:
- quote -

> On Oct 16, 10:35 am, bhata <bhata...[at]att.net> wrote:

> > As I am dealing with my aged father's finances now, I was
> > wondering if his attorneys fee for working on his Living Trust
> > is deductible.

> You describe non-deductible personal expenses.


Since this is money related, wouldn't this be an itemized deduction
subject to the 2% of AGI limitation (which often makes it useless
anyway .

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 10-16-2008, 02:46 PM
Bill Brown
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Posts: n/a
Default Re: Attorneys Fees - Deductible?

On Oct 16, 10:35*am, bhata <bhata...[at]att.net> wrote:
- quote -

> As I am dealing with my aged father's finances now, I was
> wondering if his attorneys fee for working on his Living Trust
> is deductible.
> TIA


You describe non-deductible personal expenses.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 10-16-2008, 02:35 PM
bhata
Guest
 
Posts: n/a
Default Attorneys Fees - Deductible?

As I am dealing with my aged father's finances now, I was
wondering if his attorneys fee for working on his Living Trust
is deductible.

TIA

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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