- 23 - Legal Expenses During the years under consideration, petitioners paid legal fees in connection with two lawsuits. Petitioner husband argues that the litigation expenses incurred in connection with the Dell'Oca and the Knauss lawsuits, respectively, were deductible business expenses. In that regard, petitioners state that the lawsuits were incurred to protect the income arising from the farm activity. Conversely, respondent maintains that the origin of the claim asserted in both lawsuits was in the nature of defending or perfecting title to the Pescadero property and, hence, was capital in nature. Specifically, respondent contends that, under section 263, the legal expenses were not deductible as ordinary and necessary expenses within the meaning of section 162 or 212 because these expenses were capital in nature. Section 263 provides that no deduction is allowed for capital expenditures. Legal expenses incurred to defend or protect title to property or to acquire or dispose of a capital asset are capital expenditures and are not deductible. Woodward v. Commissioner, 397 U.S. 572, 575-576 (1970); Mosby v. Commissioner, 86 T.C. 190, 196 (1986); Kasey v. Commissioner, 54 T.C. 1642, 1648-1649 (1970), affd. 457 F.2d 369 (9th Cir. 1972); Midco Oil Corp. v. Commissioner, 20 T.C. 587, 591 (1953). The appropriate test for determining whether petitioners may deduct legal expenses is the origin of the claim, rather than thePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011