- 12 - The litigation arose because petitioner caused Madison to issue additional shares of stock to himself, and he attempted to have Madison redeem shares of stock from Elmer's heirs. Peti- tioner, in his counterclaim, sought to enforce an agreement to purchase 600 shares from Elmer's estate in order to equalize the stock ownership as between the families. The claims have their origin in the protection, defense, and acquisition of peti- tioner's ownership interest in Madison stock. While petitioner's purpose in undertaking the litigation might have included protecting his job, this is not determinative under the origin- of-the-claim test. See Bradford v. Commissioner, 70 T.C. 584, 591 (1978); see also Mitchell v. Commissioner, T.C. Memo. 1994- 237 (and cases cited therein), affd. 73 F.3d 628 (6th Cir. 1996). Petitioner, through litigation, sought to establish his ownership of additional shares of Madison stock. We conclude that the litigation costs were incurred to defend, protect, and acquire petitioner's title to the Madison stock and therefore constitute nondeductible capital expenditures which should be added to the basis of petitioner's Madison stock. See Galewitz v. Commis- sioner, 411 F.2d 1374 (2d Cir. 1969), revg. 50 T.C. 104 (1968); Lin v. Commissioner, T.C. Memo. 1984-581. Accordingly, we sustain respondent's determination in the notice of deficiency. To reflect the foregoing,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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