Tax Deduction Of Legal Fees

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Question: Claiming a judgment/interest collected on taxes?

I will most likely need to head to an accountant this year, but was wondering if anyone could help shed some light. After 3 years and 2 lawyers, I finally won a judgment against someone I loaned $5,600.

The amount collected was around $7,600 and included interest accrued and $900 allowance for legal fees. But after the lawyers 33% and more than $900 in fees to retain two different lawyers, the $5,000 I received was less than the original loan of $5,600.

I know tax law says to claim interest earned, and then include the lawyer fees in my Itemized Deductions. I do not need to claim the amount from the loan, since I never declared a bad debt and paid taxes on that $5,600 in 2005.

My lawyer’s office said that they do not report the interest to the government, and said I should not have to pay taxes on it. Is this true, since the amount actually paid to me is less than the original loan amount?

Thanks for any help on this!

Answer: If no 1099 is issued for the interest, I would not report it. Good Luck.


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