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Carl, 

I was reading your response and it was very thorough.  I myself am in a similar situation being told from my lawyers I would not be taxed on their portion, in my case they recieved 33%. My settlement resulted in w2 form, and 2/3 in 1099misc that included lawyers cut plus my portion for emotional distress among a few other th iij NHS listed.I was shocked to see that include my lawyers fees, as I was advised otherwise but later spoke to a tax consultant that in was traditional. I'm wondering how can I write off lawyer fees. I tried inputting misc deduction lawyer fees but it states it will not change my fee or state return. Is this a new law or bc I'm claiming standard deduction. Please help