Can a firm take a tax write off if hours exceed the contingency fee? For example, the contingency fee is $10k. The hours expended on the file at the usual billing rate equal $15k. Can the firm write off the excess $5k of billable time spent on the file?

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The short answer is No. The $10k is ordinary income.

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It doesn't matter either way, you wind up with the same result. You can either report that you made 10k or you can report 15k and take 5k deduction, netting 10k. Much cleaner to do it the first way.

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