Harold Levinson Associates, Inc. - Page 6

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          deficiency for the taxable year ended January 31, 1991, is based            
          upon the disallowance of a $3,967 insurance deduction claimed on            
          petitioner's return for that year.  Petitioner concedes the                 
          deficiency determination for the taxable year ended January 31,             
          1991, in the amount of $1,349.                                              
               Section 162(a) allows as a deduction "all the ordinary and             
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business".  But section 263(a) prohibits           
          deductions for "Any amount paid out * * * for permanent                     
          improvements or betterments made to increase the value of any               
          property or estate."  Section 1.263(a)-2(c), Income Tax Regs.,              
          provides examples of capital expenditures, including "The cost of           
          defending or perfecting title to property."                                 
               In United States v. Gilmore, 372 U.S. 39 (1963), the Supreme           
          Court held that whether litigation expenses are "business" or               
          "personal" is determined by looking to "the origin and character            
          of the claim with respect to which an expense [is] incurred".               
          Id. at 49.  This doctrine was amplified in Anchor Coupling Co. v.           
          United States, 427 F.2d 429, 433 (7th Cir. 1970), cert. denied              
          401 U.S. 908 (1971):                                                        
               Taxpayer argues that Gilmore is inapplicable because we                
               are asked here to determine whether a settlement                       
               constitutes an ordinary and necessary business expense                 

               3(...continued)                                                        
          argued on brief, and nothing appears to turn on the burden of               
          proof in this factually fully stipulated case.                              




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