MEMORANDUM FINDINGS OF FACT AND OPINION
COLVIN, Judge:
Respondent determined a deficiency in petitioners' income tax of $23,188 for 1994 and a penalty of $4,637.60 under section 6662(a) for substantial understatement of tax.
After concessions, the issues for decision are:
1. Whether petitioners may deduct $37,739 for 1994 which petitioners contend they paid to settle a threatened lawsuit.
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