Stephen F. Scofield and Nancy E. Scofield - Page 23

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          the payment for the claims of the bank relating to petitioner's             
          guaranty.                                                                   
          B.   Whether Petitioners May Deduct Their Legal Fees                        
               Petitioners paid legal fees of $10,243 in 1986, $59,352 in             
          1987, and $104,156 in 1988 and deducted them on Schedules C of              
          their tax returns.  Respondent determined and contends that                 
          petitioners may not deduct $25,269 in 1987 and $33,313 in 1988 of           
          these fees as ordinary and necessary business expenses under                
          section 162 because petitioner paid them in connection with his             
          bankruptcy.  Respondent also determined that legal fees of                  
          $10,243 in 1986, $34,083 in 1987, and $70,843 in 1988 were                  
          deductible from adjusted gross income subject to the limitations            
          of section 67, which allows miscellaneous itemized deductions to            
          the extent that they exceed 2 percent of adjusted gross income.             
          Petitioners argue that they may deduct the legal fees relating to           
          their bankruptcy because it resulted from Northeast's business              
          failure.                                                                    
               Petitioners may deduct legal expenses if the origin of the             
          claims in the Northeast and adversary proceedings related to                
          petitioner's trade or business or the production of income and              
          was not primarily personal.  Woodward v. Commissioner, 397 U.S.             
          572, 577-578 (1970); Commissioner v. Tellier, 383 U.S. 687, 689             
          (1966); United States v. Gilmore, 372 U.S. 39 (1963).  The origin           
          of the claim is found by analyzing the facts, United States v.              
          Gilmore, supra at 47-48, and the basis of the transaction out of            




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