Abhimanyu Swain - Page 7

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          from the marital relationship rather than the spouse's activities           
          in holding such income-producing property.  In United States v.             
          Gilmore, 372 U.S. 39, 49 (1963), the Supreme Court indicated                
          that--                                                                      
               the origin and character of the claim with respect to                  
               which an expense was incurred, rather than its                         
               potential consequences upon the fortunes of the                        
               taxpayer, is the controlling basic test of whether the                 
               expense was "business" or "personal" and hence whether                 
               it is deductible or not under * * * [the predecessor to                
               section 212]. * * *                                                    

          See also United States v. Patrick, 372 U.S. 53, 56 (1963).                  
               Even if the legal fees were incurred to protect the                    
          ownership of petitioner's home, and, consequently, the home                 
          office, petitioner has failed to show that the fees are                     
          deductible as expenses of a profit-seeking activity.  In United             
          States v. Gilmore, supra at 48, the Supreme Court stated--                  
             If two taxpayers are each sued for an automobile accident                
             while driving for pleasure, deductibility of their                       
             litigation costs would turn on the mere circumstance of the              
             character of the assets each happened to possess, that is,               
             whether the judgments against them stood to be satisfied                 
             out of income- or nonincome-producing property.  We should               
             be slow to attribute to Congress a purpose producing such                
             unequal treatment among taxpayers, resting on no rational                
             foundation.                                                              

          Petitioner has not demonstrated that the legal expenses incurred            
          in the criminal action are related to his trade or business or to           
          any other income-producing activity conducted by him.                       
          Commissioner v. Tellier, 383 U.S. 687, 689 (1966).  Therefore,              






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