- 11 - States, 343 U.S. 118, 123 (1952). Legal expenses incurred as part of the disposition of a capital asset ordinarily are capital expenditures that are offset against the amount received from the sale of the capital asset. Issac G. Johnson & Co. v. United States, 149 F.2d 851, 852 (2d Cir. 1945); Gunn v. Commissioner, 49 T.C. 38, 51-52 (1967); see also Jasko v. Commissioner, 107 T.C. 30 (1996). Whether an expenditure is capital in nature or deductible under sections 162 or 212 is a question of fact. Gunn v. Commissioner, supra at 52; Plainfield-Union Water Co. v. Commissioner, 39 T.C. 333, 337 (1962). Petitioner's leasehold interest in rooms 103 and 141 was a capital asset. Sec. 1221; Commissioner v. McCue Bros. & Drummond, Inc., 210 F.2d 752, 753 (2d Cir. 1954), affg. 19 T.C. 667 (1953); Miller v. Commissioner, 48 T.C. 649, 651-652 (1967); sec. 1.1221-1(a), Income Tax Regs. Petitioner's sale to Seawall of his leasehold interest constitutes a sale or exchange. Sec. 1241. Petitioner paid Spyropoulos legal expenses for the sole purpose of disposing of the leasehold interest in rooms 103 and 141. Thus, the legal expenditures of $22,500 are capital expenditures that are offset against the gain realized by petitioner. In exchange for vacating rooms 103 and 141, petitioner received use of the new apartment rent free for 3 years. The amount realized from the taxable sale or other disposition of property is the amount of money received plus the fair marketPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011