25 of petitioner's creditors, other than the bank, arose from his income-producing activities. Respondent argues that petitioners' reliance on Dowd v. Commissioner, 68 T.C. 294 (1977), is misplaced. We disagree. In Dowd, we applied the origin of the claim doctrine in deciding whether legal expenses of a bankrupt taxpayer were deductible under section 162(a). The taxpayer in that case filed a petition in bankruptcy resulting primarily from his inability to repay more than $400,000 of business-related debts. The taxpayer incurred court costs and litigation expenses to resolve a dispute with his creditors under which he agreed to pay some of their claims and they agreed not to oppose his discharge in bankruptcy. We held that the taxpayer could deduct litigation expenses to the extent that the creditors' claims were business related. See Cox v. Commissioner, T.C. Memo. 1981-552 (taxpayers could deduct bankruptcy legal expenses attributable to their business since their bankruptcy was proximately caused by their inability to pay the debts of their business). Petitioner's bankruptcy legal expenses were attributable to his business or investment since Northeast's failure forced him to seek bankruptcy protection. The debts listed in his bankruptcy petition related almost exclusively to Northeast. The plaintiffs in the adversary proceeding were creditors of Northeast. Fees paid to file petitioner's bankruptcy petition and legal fees paid to defend claims against petitioner in thePage: 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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