- 38 - 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 ordinaryPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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