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The tax code says: If you retain an attorney in an effort to produce taxable income or in connection with collection or refund of any tax, the fees you pay are deductable.

It also says that generally fees to contest a Will are not deductable because the income produced is not taxable.

I paid an attorney in 1996, 1997, 1998, and 1999 to defend a Will. The death of the family member was in 1995. The other party through a series of deceptive and delaying tactics was able to delay settlement of the estate until late 1997. For reasons that I don't quite follow, the majority of the settlement is now taxable The income was received in 1998 and 1999.

Can I deduct my attorney fees paid to date for the taxable income I received in 1998?

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