Legal Opinion

Nymann v. Iowa Department of Revenue & Finance

Supreme Court of Iowa

Decided February 20, 1991No. 90-102PublishedCited by 2 opinions

1Opinion of the Court

ANDREASEN, Justice.

In this appeal we must determine if attorney fees and court costs incurred in a wrongful death claim settlement are deductible expenses for income tax purposes by a beneficiary of the estate of the decedent. The district court on judicial review upheld the denial of the deduction. We affirm.

P.L. Nymann claimed a deduction of $38,-472 as attorney fees and legal costs on his 1986 Iowa individual tax return. The Iowa Department of Revenue and Finance (department) disallowed the deduction. Ny-mann filed a protest and also paid $4,261.01, the amount of tax in controversy, plus…

2Cases cited12 opinions

  1. United States v. GilmoreSupreme Court of the United States · 1963
  2. Woodward v. CommissionerSupreme Court of the United States · 1970
  3. Norland v. Iowa Department of Job ServiceSupreme Court of Iowa · 1987
  4. Iowa Bankers Ass'n v. Iowa Credit Union DepartmentSupreme Court of Iowa · 1983
  5. Fred W. Woodward and Elsie M. Woodward, F. R. Woodward and M. Jeanne Woodward v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1969

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3Cited by2 opinions

  1. Iannone v. Iowa Department of Revenue & FinanceSupreme Court of Iowa · 2002
  2. Super Valu Stores, Inc. v. Iowa Department of Revenue & FinanceSupreme Court of Iowa · 1991

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