Peters, Gamm, West & Vincent, Inc., Richard L. West, Judith L. West, Marc A. Vincent, Deborah S. Vincent, Gary L. Gamm and Connie F. Gamm - Page 17

                                         17                                           
               A.  Ordinary                                                           
               Ordinary expenses have been described as "normal, usual, or            
          customary".  Deputy v. du Pont, 308 U.S. at 495.  Ordinary has              
          been used to distinguish currently deductible expenses from                 
          capital expenses, such as startup costs or acquisition costs, or            
          costs in defending title.  Commissioner v. Lincoln Sav. & Loan              
          Association, 403 U.S. 345 (1971); Woodward v. Commissioner, 397             
          U.S. 572 (1970); Carl Reimers Co. v. Commissioner, 211 F.2d 66              
          (2d Cir. 1954), affg. 19 T.C. 1235 (1953).  An expense may be               
          deductible as one incurred in the ordinary course of business,              
          even if it is unlikely to recur.  Welch v. Helvering, 289 U.S.              
          111, 114 (1933).  The Supreme Court in Commissioner v. Heininger,           
          320 U.S. 467, 471 (1943), allowed a deduction for legal fees                
          where obtaining legal representation was the normal response of             
          one whose business was threatened by a law suit.  See also                  
          Kanelos v. Commissioner, a Memorandum Opinion of this Court dated           
          Sept. 21, 1943.                                                             
               Respondent argues that the origin of the claim giving rise             
          to the legal expenses here in issue was capital in nature because           
          the claim involved the sale of a capital asset (namely, the ERG             
          stock), and because Peters undertook to defend against the claim            
          in order to prevent disgorgement of proceeds of insider trading.            
          Respondent contends that under Barrett v. Commissioner, 96 T.C.             
          713 (1991), such legal fees are not currently deductible.                   






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