23 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 ofPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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