S. Robert Davis - Page 39




                                       - 39 -                                         

          and necessary expenses paid or incurred in carrying on a trade or           
          business.  Section 212 allows an individual to deduct all of the            
          ordinary and necessary expenses paid or incurred in:  (1)                   
          Producing income, (2) managing, conserving, or maintaining                  
          property held for the production of income, or (3) determining,             
          collecting, or refunding a tax.  Personal expenses are not                  
          deductible.  See sec. 262.                                                  
               Whether an ordinary and necessary litigation expense is                
          deductible under section 162(a) or section 212 depends on the               
          origin and character of the claim for which the expense was                 
          incurred and whether the claim bears a sufficient nexus to the              
          taxpayer's business or income-producing activities.  See Woodward           
          v. Commissioner, 397 U.S. 572 (1970); United States v. Gilmore,             
          372 U.S. 39, 44-45 (1963); see also Peckham v. Commissioner, 327            
          F.2d 855, 856 (4th Cir. 1964), affg. 40 T.C. 315 (1963); Guill v.           
          Commissioner, 112 T.C. 325 (1999).  Ordinary and necessary                  
          litigation costs are generally deductible under section 162(a)              
          when the matter giving rise to the costs arises from, or is                 
          proximately related to, a business activity.  See Woodward v.               
          Commissioner, supra; Kornhauser v. United States, 276 U.S. 145,             
          153 (1928).  Litigation costs must be "attributable to a trade or           
          business carried on by the taxpayer" in order to be deductible as           
          a business expense.  Sec. 62(a)(1); see Guill v. Commissioner,              
          supra.                                                                      





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

Last modified: May 25, 2011