Dannenbaum Law Firm, PLLC

Tax Deductibility Of Attorney's Fees

When you prepare your tax returns, ask your tax preparer whether you can deduct the legal fees you paid during the tax year to obtain support or a divorce. In most cases, you cannot deduce legal fees. However, under the Internal Revenue Service rules (I.R.C. Section 212)

In the case of an individual, there shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year-

(1) for the production or collection of income;

(2) for the management, conservation, or maintenance of property held for the production of income; or

(3) in connection with the determination, collection, or refund of any tax.

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