18 Respondent's argument fails for the following reasons. Although the underlying transaction here did remotely involve a capital transaction (the purchase of the ERG stock), the relation of Peters to such transaction is too attenuated. Peters allegedly gave inside information to Mick and Lounsbury, who then profited from such information, and returned some of the profits by the repayment of loans. Peters did not buy any stock; furthermore, the allegations of the SEC were never proven or admitted by Peters. In Barrett v. Commissioner, supra, the taxpayer was sued by the SEC, inter alia, for alleged inside trading; as part of a settlement, he disgorged his profits. The case is distinguishable because there the taxpayer was a buyer-broker, and the underlying transaction was the purchase of certain options by the taxpayer based on inside information. In our case, Peters was not a buyer-broker, but was an investment adviser; he did not personally buy the stock which gave rise to the claim. In the present case, Peters was alleged to have committed an inside trade, and faced losing his license as an investment adviser. There being nothing capital concerning the legal fees (they were spent to protect Peters and his money-making activity), we find that defending the SEC allegations was proximately related to his business, and accordingly we hold that the payment of the legal fees was ordinary in nature for him.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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