Ruby Jean Stevens - Page 12




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          the taxpayer monthly installments of income from the trust                  
          property and, at the taxpayer's direction, to distribute limited            
          amounts of principal.  Because the taxpayer believed that she was           
          not receiving the amount of income from the trust to which she              
          was entitled, she sued the bank, alleging in her complaint                  
          conflicts of interest, breach of fiduciary duty, and trust                  
          mismanagement.                                                              
               In Estate of Kincaid, we quoted Boagni v. Commissioner,                
          supra at 713, which described the objective of the "origin-of-              
          the-claim" analysis and the manner in which it was to be                    
          conducted as follows:                                                       
               the 'origin-of-the-claim' * * * inquiry is directed to                 
               the ascertainment of the 'kind of transaction' out of                  
               which the litigation arose.  Consideration must be                     
               given to the issues involved, the nature and objectives                
               of the litigation, the defenses asserted, the purpose                  
               for which the claimed deductions were expended, the                    
               background of the litigation, and all facts pertinent                  
               to the controversy.                                                    
          Estate of Kincaid v. Commissioner, supra.  Applying this                    
          analysis, we concluded that the litigation costs incurred by the            
          taxpayer were deductible under section 212, since "The origin and           
          character of the 'claim' or protection sought by * * * [the                 
          taxpayer] had its source in the management and conservation of              
          income-producing property in which * * * [the taxpayer] held an             
          interest as an income beneficiary."  Id.  We arrived at this                
          conclusion based on evidence that the taxpayer "believed that she           
          was receiving less than her anticipated amount of income because            




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