Discussion:Legal fees for visa

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Discussion Forum Index --> Tax Questions --> Legal fees for visa


Dhtax (talk|edits) said:

11 February 2006
My client wants to deduct the legal and travel expenses he incurred to get his H1B visa. I don't think he can do it, but there is a possible argument that these were expenses necessary to generate taxable income. Does anyone know for sure? Has there been a court case on this?

Thanks, David

TaxResearcher (talk|edits) said:

11 February 2006
There was at least one Tax Court case that allowed the taxpayer to deduct the cost of a non-immigrant visa.

Diego (talk|edits) said:

22 February 2007
Does anyone know specifics about cases here?

Riley2 (talk|edits) said:

22 February 2007
An H1B visa is a type of nonimmigrant work visa, and I see no problem with the deduction. See Judith E. Stephenson Fast v. Commissioner, TC Memo 1998-272, wherein a visa to China was allowed as a travel expense.

Diego (talk|edits) said:

22 February 2007
Thanks Riley, what about what follows then the green card?

Where would you put this, unreimbursed bus. empl. exps / moving exp....? / Job search?

Riley2 (talk|edits) said:

22 February 2007
A green card is a permanent resident visa. I think it would be pushing it to say that is a business expense.

Diego (talk|edits) said:

22 February 2007
I do agree, had to ask.

Must say it is great to have Riley here, the information resource, thanks again!

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