- 7 - or a capital outlay and not whether a payment is a deductible business expense. We disagree. Although the two questions are admittedly different, substantially the same problems arise in each determination. Thus in both cases the court must determine the tax consequences of monetary outlays made in connection with contesting a claim on the taxpayer's assets. * * * To determine the origin of the claim, the Court must consider "the issues involved, the nature and objectives of the litigation, the defenses asserted, the purpose for which the claimed deductions were expended, the background of the litigation, and all facts pertaining to the controversy." Boagni v. Commissioner, 59 T.C. 708, 713 (1973)); Saltzman v. Commissioner, T.C. Memo. 1994-641. United States v. Wheeler, 311 F.2d 60 (5th Cir. 1962), is instructive here. The taxpayer owned controlling stock interests in 3 corporations. He first entered into negotiations to sell the stock to an individual named Cage, but upon learning (mistakenly) that Cage had lost interest, the taxpayer entered into a sales agreement with Ainsworth. Id. at 61. After signing the latter contract, the taxpayer discovered that Cage was still interested in purchasing the stock. The taxpayer also feared that "Ainsworth would probably 'bleed' the corporate assets" dry. To prevent that, the taxpayer refused to sell his stock. Ainsworth sued, alleging breach of contract and requestingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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