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Am I able to deduct legal fees for a lawsuit i brought against my employer in fighting for wrongful demotion

I need to know if I brought a lawsuit against my employer if I am able to deduct lawyer fees.

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HelenaC
New Member

Am I able to deduct legal fees for a lawsuit i brought against my employer in fighting for wrongful demotion

Yes, you can deduct legal fees. See how to enter at the bottom of the screen.

Legal fees related to doing or keeping your job, see IRS Publication 529, Miscellaneous Deductions, page 5, https://www.irs.gov/pub/irs-pdf/p529.pdf . This deduction is subject to 2% of your Adjusted Gross Income. You can claim the amount of expenses that is more than 2% of your adjusted gross income. You figure your deduction on Schedule A by subtracting 2% of your adjusted gross income from the total amount of these expenses. Your adjusted gross income is the amount on Form 1040, line 38, or Form 1040NR, line 37.

Legal Expenses for unlawful discrimination claims, see IRS Publication 529, Miscellaneous Deductions, page 10  https://www.irs.gov/pub/irs-pdf/p529.pdf . You may be able to deduct, as an adjustment to income on Form 1040, line 36, rather than as a miscellaneous itemized deduction, attorney fees and court costs for actions settled or decided after October 22, 2004, involving a claim of unlawful discrimination, a claim against the U.S. Government, or a claim made under section 1862(b)(3)(A) of the Social Security Act. However, the amount you can deduct on Form 1040, line 36, or Form 1040NR, line 35, is limited to the amount of the judgment or settlement you are including in income for the tax year. See Publication 525 for more information.

To enter legal fees in the TurboTax CD/Download version:

  • Enter Legal expenses, deduction in the Find/search box.
  • Enter the appropriate questions.

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6 Replies
HelenaC
New Member

Am I able to deduct legal fees for a lawsuit i brought against my employer in fighting for wrongful demotion

Yes, you can deduct legal fees. See how to enter at the bottom of the screen.

Legal fees related to doing or keeping your job, see IRS Publication 529, Miscellaneous Deductions, page 5, https://www.irs.gov/pub/irs-pdf/p529.pdf . This deduction is subject to 2% of your Adjusted Gross Income. You can claim the amount of expenses that is more than 2% of your adjusted gross income. You figure your deduction on Schedule A by subtracting 2% of your adjusted gross income from the total amount of these expenses. Your adjusted gross income is the amount on Form 1040, line 38, or Form 1040NR, line 37.

Legal Expenses for unlawful discrimination claims, see IRS Publication 529, Miscellaneous Deductions, page 10  https://www.irs.gov/pub/irs-pdf/p529.pdf . You may be able to deduct, as an adjustment to income on Form 1040, line 36, rather than as a miscellaneous itemized deduction, attorney fees and court costs for actions settled or decided after October 22, 2004, involving a claim of unlawful discrimination, a claim against the U.S. Government, or a claim made under section 1862(b)(3)(A) of the Social Security Act. However, the amount you can deduct on Form 1040, line 36, or Form 1040NR, line 35, is limited to the amount of the judgment or settlement you are including in income for the tax year. See Publication 525 for more information.

To enter legal fees in the TurboTax CD/Download version:

  • Enter Legal expenses, deduction in the Find/search box.
  • Enter the appropriate questions.

Am I able to deduct legal fees for a lawsuit i brought against my employer in fighting for wrongful demotion

There doesn't seem to be a Step by Step link to add legal fees on 1040 Line 36 for unlawful discrimination claims. Where exactly does this information get entered? The only legal fee deduction I can access is in the miscellaneous deductions section.

Am I able to deduct legal fees for a lawsuit i brought against my employer in fighting for wrongful demotion

I am searching for that also.  There is no line for it even though it ultimately will be on line 36.
sj2575
New Member

Am I able to deduct legal fees for a lawsuit i brought against my employer in fighting for wrongful demotion

Agreed, I do not see any way to enter legal fees that would show up on Line 36 of Form 1040.  IRS Pub. 529, page 10 states that for 'Unlawful Discrimination claims", to enter there but I have yet to figure out how within Turbo Tax.  Does anybody know how and if so where?

Am I able to deduct legal fees for a lawsuit i brought against my employer in fighting for wrongful demotion

Is there a solution using Turbo Tax?

Am I able to deduct legal fees for a lawsuit i brought against my employer in fighting for wrongful demotion

I dont think there I a way it can be done with turbo tax online
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