Subsequent Developments for Tax Advice Deductions
Subsequent Developments for Tax Advice Deductions

New developments since publication of the article, "Deductions for Tax Advice – The
Commissioner Acquiesces," include the following:

The law applicable to deductions by individuals for tax advice has changed surprisingly
little since publication of the article. Note, however, that expenses incidental to obtaining
tax advice are now clearly deductible (within the usual limits applicable to itemized
deductions). Thus, for example, related telephone calls, parking fees, and mileage
expenses are generally deductible.
Bosworth v. Commissioner, T.C. Memo. 1988-190;
Alman v. Commissioner, T.C. Memo. 1983-444; Ltr. Rul. 8321042.

In addition, it is clear a taxpayer must capitalize the cost of tax advice relating specifically to
the acquisition of an identifiable capital asset (e.g., rental real estate) as a part of the cost
of the asset.
Honodel v. Commissioner, 722 F.2d 1462 (9th Cir. 1984).



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