Northwestern Indiana Telephone Company - Page 90

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            because the expenditures failed to meet the Gilmore origin-of-                             
            the-claim test.  We also held that Mr. Mussman had large amounts                           
            of constructive dividend income for 1988 and 1989, including the                           
            1988 and 1989 legal expenses NITCO had paid in litigating the                              
            constitutional challenge, divestiture, and enforcement actions.                            
                  Petitioners have failed to establish:  (1) NITCO acted                               
            reasonably in claiming deductions for these legal expenses; and                            
            (2) the Mussmans acted reasonably in not reporting NITCO's                                 
            payments of the 1988 and 1989 legal expenses as constructive                               
            dividend income to Mr. Mussman.  Petitioners imply that the                                
            attorneys’ fees in the constitutional challenge, divestiture, and                          
            enforcement actions were deducted because the outside law firms                            
            had billed their work to NITCO, rather than to Rhys and NICATV.                            
            We are not convinced that NITCO acted reasonably in deducting the                          
            fees it paid merely because the work had been billed to NITCO.                             
            Indeed, in one instance NITCO still claimed a 1989 deduction with                          
            respect to its payment of $2,239.85 to W&C for certain Dial One                            
            Mobile work, even though W&C billed the legal work to Rhys and                             
            not to NITCO.  Petitioners have now conceded that the $2,239.85                            
            payment is not deductible by NITCO and was constructive dividend                           
            income to Mr. Mussman.                                                                     
                  With respect to the purported advice petitioners received                            
            from the accountant, we are not satisfied that the accountant was                          
            apprised of all the relevant facts, including the fact that the                            
            activities NITCO engaged in with respect to NICATV were not                                
            undertaken by NITCO with a profit motive.  See Collins v.                                  



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