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 21

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          legal charges incurred for his benefit.  We hold that Peters was            
          in constructive receipt of the distribution in the amount of the            
          legal fees, and for purposes of claiming them as a deduction he             
          has also constructively paid the legal fees.  Cf. Mueller v.                
          Commissioner, 496 F.2d 899 (5th Cir. 1974), affg. in part, revg.            
          in part and remanding 60 T.C. 36 (1973).                                    
               D.  Incurred in Connection with Taxpayer's Profit-Seeking              
          Activity                                                                    
               The final element will be met where the activity proximately           
          results from the taxpayer's profit-seeking activity.  Deputy v.             
          du Pont, 308 U.S. 488, 492 (1940); Kornhauser v. United States,             
          276 U.S. 145 (1928).  We have held above that the origin of the             
          claim was not in the trade or business of PGWV, but rather arose            
          in Peters' own activities.  The question becomes whether the                
          activity was a profit-seeking activity for purposes of section              
          212(1).  The transaction in question involved Peters' receipt of            
          certain payments that the SEC alleged were made only as the                 
          result of an inside trade.  Those allegations were never proven.            
          If they were true, and Peters did engage in an inside trade, such           
          trade was a profit-seeking activity, albeit an improper one.  See           
          Kent v. Commissioner, T.C. Memo. 1986-324 (charter boat captain             
          arrested for marijuana smuggling allowed to deduct legal fees               
          paid by an undisclosed third party).  If the allegations were not           
          true, then the underlying transaction was the repayment of loans            
          from colleagues who were not clients of PGWV.  The loans resulted           
          from Peters' profit-making business relationship with such                  



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