- 8 - collection of income that is not includable in gross income12 are not deductible under section 212. Sec. 1.212-1(e), Income Tax Regs. Origin and character of the claim The Supreme Court, in United States v. Gilmore, 372 U.S. 39 (1963), held that the characterization of litigation costs as "profit-seeking" or "personal" depends on whether or not the claim arises in connection with the taxpayer's profit-seeking activities. Further, the Court said: the origin and character of the claim with respect to which an expense was incurred, rather than its potential consequences upon the fortunes of the taxpayer, is the controlling basic test of whether the expense was 'business' or 'personal' and hence whether it is deductible or not under [the predecessor to section 212] * * * [United States v. Gilmore, supra at 49]. The "origin-of-the-claim" rule is not a mechanical search for "the first in the chain of events which led to the litigation but, rather, requires an examination of all the facts." Boagni v. Commissioner, 59 T.C. 708, 713 (1973). The question to be answered is, out of what kind of transaction did the litigation arise. Id. When determining the origin of the claim, the Court must consider the issues, the nature and objectives of the action, the defenses asserted, the purpose for the legal fees, the background of the litigation and "all facts pertaining to the entire controversy out of which the disputed expenses arose". Morgan's 12See sec. 102 (gross income does not include the value of property received by gift, bequest, devise or inheritance).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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