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This is a very specific question about tax law. You should consult a tax professional.
I've seen at least one other thread on this recently. In that case, the OC/CA sued the myfico member and lost. Since they failed to get the judgment, the OC/CA "forgave" the debt, and issued the 1099, and I'm pretty sure that the 1099 included the attorney's fees. I don't think it got resolved on the board, though.
I don't think your standard H&R tax preparer will be able to help you with this--you're probably going to have to find a tax lawyer.