- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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