John DiFronzo - Page 9

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          refers to receiving income from racketeering activity, the                  
          conspiracy statute uses only the word 'conspire'.  See 18 U.S.C.            
          1962 and 371.  Conspiring to commit an offense is not the                   
          equivalent of engaging in a business activity."                             
               The Government places too much emphasis on the forfeiture              
          and seizure provisions.   The forfeiture provisions were                    
          discussed in Accardo because the risk of forfeiture was integral            
          to the taxpayer's claim of a deduction under section 212(2).  Id.           
          at 447.  Those provisions have no bearing here, since                       
          petitioner's claim for deduction is pursuant to section 162(a).             
          Moreover, the statute itself is not determinative of petitioner's           
          business activity.  Rather, the indictment chronicles a business            
          transaction undertaken by petitioner as a member of the Chicago             
          organized crime family.  Petitioner's involvement in this                   
          business was confirmed by his criminal conviction.                          
               Although it would seem contrary to public policy to allow a            
          deduction in the conduct of an illegal and highly reprehensible             
          criminal activity, it has been established that such is not                 
          sufficient to deny a deduction otherwise allowable.  See                    
          Commissioner v. Tellier, 383 U.S. at 691-695; Commissioner v.               
          Sullivan, 356 U.S. 27, 27-29 (1958); Brizell v. Commissioner, 93            
          T.C. 151, 166 (1989); O'Malley v. Commissioner, 91 T.C. 352, 362-           
          366 (1988).  True, the payment of expenses in such activity may             
          not be deductible where the expense itself is illegal, see secs.            





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