Write a memo recognizing the Relevant Facts, Issues Identified, Conclusions and Authorities and Reasoning for the tax problem below. When discussing the law write at least one paragraph(s) on the relevant Code(s) language. Pinpoint the place of the relevant language in the Code as precisely as possible. Then add a paragraph(s) on any relevant Treasury Regulation. Finally explain any relevant cases or Revenue Rulings. Write clearly and in brief so that the tax memo is no more than three pages. Use the APA style on margins, fonts, grammar, punctuation, writing skills and spacing.
Sarah is an economist for Smith LLC. In January 2009, she inherited 3 parcels of land in Texas County from her mother. Her mother’s estate valued the parcels, which are all adjacent to each other and total 30 acres, at $15,750. Sarah thought the parcels were worth more than $15,750, therefore she asked the estate’s appraiser why the parcels weren’t valued higher. The appraiser told her that the zoning on the land allows only one residence every two acres, which severely reduces the resale value.
In 2010, Sarah applied to Texas County for a change in zoning. The Texas County Board of Supervisors denied her application in December 2010. Sarah filed a constitutional challenge to Texas County’s zoning law in the year 2011. The board of supervisors denied her constitutional challenge. Sarah filed an appeal of the denial in the Texas County District Court on October 15, 2011. On November 5, 2011, the Texas County Board of Supervisors began consideration of a new zoning law which would permit land, like Sarah's, a zoning designation of two residences per acre. Sarah withdrew her appeal pending the outcome of the new zoning law. On February 10, 2012, the new zoning law was adopted. Sarah expected that the value of the land rose to at least $25,000 as a effects of the rezoning.
Sarah incurred $11,000 in attorney’s fees and other costs in challenging the zoning requirements. She paid half of the expenditures in 2010 and half in 2011. Find out the correct tax treatment of the $11,000 in attorney’s fees?