Merrell and Francine Vannier - Page 9

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          (1973), affd. without published opinion 489 F.2d 752 (2d Cir.               
          1974).  The “origin-of-the-claim” which gave rise to the                    
          litigation, rather than the consequence of the litigation, is               
          evaluated to ascertain whether the expenses are business or                 
          personal in nature.  United States v. Gilmore, 372 U.S. 39, 48-49           
          (1963).                                                                     
               In the present case, we are faced with the convergence of              
          the above legal principles.  Petitioner attempts to deduct legal            
          expenses incurred through his effort to gain admission to the               
          California Bar.  He contends that he is entitled to deduct these            
          fees as an ordinary and necessary business expense.  Petitioner             
          asserts that his primary purpose for seeking admission to the               
          California Bar was to protect his job at the Taylor firm and to             
          defend his professional reputation.  Conversely, respondent                 
          argues that the legal fees are nondeductible expenditures.                  
          Respondent contends that the origin of petitioner’s legal action            
          stemmed from his application to the California Bar and is                   
          therefore nondeductible.  We agree with respondent.                         
               Petitioner confuses the concept of the origin-of-the-claim             
          with that of the consequence or the primary purpose of the                  
          litigation.  Only the origin-of-the-claim is relevant to the                
          disposition of this case.  Harden v. Commissioner, T.C. Memo.               
          1991-454.  Petitioner’s challenge to the Committee’s                        
          determination gave rise to the legal fees in question.  Hence,              





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