J.J. Zand - Page 146

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          incurred with respect to the purchases and sales of real estate,            
          the joint ventures, the fees concerning Harris Corporation if               
          they dealt with a long-term contract for services, and the                  
          corporate liquidation are capital expenditures rather than                  
          ordinary and necessary business expenses.  See Collins v.                   
          Commissioner, 54 T.C. 1656 (1970); Bilar Tool & Die Corp. v.                
          Commissioner, 530 F.2d 708 (6th Cir. 1976).  Furthermore, the               
          legal fees petitioner incurred with respect to insurance and                
          pension matters are his personal expenses rather than ordinary              
          and necessary business expenses.  In contrast, respondent agrees            
          that any fees incurred for tax matters and landlord-tenant                  
          problems are petitioner's ordinary and necessary business                   
          expenses.  Finally, as will be discussed in more detail below,              
          the fees paid in the arbitration between Clark Equipment and                
          Diesel Power are the expenses of Diesel Power, and not those of             
          petitioner.  The payments to George, Greek pertaining to the                
          Clark arbitration involving Diesel Power were specifically set              
          forth as $20,607.58, $17,950.59, and $6,315.68 for the years                
          1976, 1977, and 1978, respectively.                                         
               Thus, petitioner's legal expenses include both deductible              
          and nondeductible items.  Problematically, petitioner's                     
          supporting documentation, the law firm bills, lacks the requisite           
          specificity to demonstrate what amount of the fees is reallocable           







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