- 9 - (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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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