21 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 suchPage: 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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