Bruno and Francesca Tabbi - Page 34

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          petitioner husband's business failure with Americana caused his             
          bankruptcy, legal fees paid to file his bankruptcy petition                 
          originated with his business.  We hold that petitioners may                 
          deduct on Schedule C legal fees of $6,500 caused by his business            
          failure.  Dowd v. Commissioner, supra at 304.                               
               Petitioners argue that their payments to Americana investors           
          of $3,725 in 1987, $1,800 in 1988, and $6,370 in 1989 are                   
          deductible on Schedule C as ordinary and necessary business                 
          expenses.                                                                   
               Respondent argues that the payments to the Americana                   
          investors are deductible on Schedule A because Americana's                  
          activities were not a trade or business of petitioner husband.              
          Many of the investors were friends of petitioner husband's                  
          family.  Respondent argues that petitioner husband's claim that             
          he paid investors to protect his own business reputation are                
          self-serving.  Respondent argues that no evidence suggests that             
          petitioner husband's financial problems with these investors                
          would affect his reputation as a real estate broker.                        
               We disagree.  We find that he carried his burden of proof in           
          this respect.  Petitioners may deduct on Schedule C the payments            
          to the Americana investors.                                                 
               Petitioners paid income tax return preparers' fees of $872             
          to H & R Block in 1988.  Petitioner husband argues that since he            
          was a sole proprietor, he may deduct the return preparation fees            
          on Schedule C, not on Schedule A.  We disagree.  Tax preparation            




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