S. Robert Davis - Page 38




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          barred by the 3-year period of limitations provided by section              
          6501(a).                                                                    
          III.  1987 Deficiency and 1985 Deficiency Attributable                      
          to the 1988 NOL Carryback                                                   
               The deficiency for 1985 attributable to the 1988 NOL                   
          carryback consists of, in part, "consulting fees" paid to Charles           
          Davis and legal expenses for tax matters, the Squirrel Bend                 
          litigation, the SEC litigation, the Orange Co. litigation, and              
          general business matters.                                                   
               The deficiency for 1987 consists of "consulting fees" paid             
          to Charles Davis, a $24,000 travel expense, and legal expenses              
          for tax matters, the Squirrel Bend litigation, the SEC                      
          litigation, the Orange Co. litigation, the Hong Kong venture, and           
          general business matters.                                                   
               Petitioner presented no evidence at trial regarding the                
          travel expense, and petitioner did not address this issue, or the           
          consulting fees paid to his son, on brief.  Therefore, we find              
          that petitioner abandoned these issues.  See Petzoldt v.                    
          Commissioner, 92 T.C. 661, 683 (1989).                                      
               A.   Deductibility of Legal Expenses                                   
               Deductions are a matter of legislative grace, and petitioner           
          bears the burden of proving that he is entitled to the deductions           
          claimed.  See Rule 142(a); INDOPCO, Inc. v. Commissioner, 503               
          U.S. 79, 84 (1992).  Section 162 allows a deduction for ordinary            






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