Pelton & Gunther, Professional Corporation - Page 5




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          claimed deductions that P&G had included in its 1993 fiscal year,           
          and made a section 481 adjustment that again caused the                     
          reimbursed prior year costs to be included in P&G’s income for              
          its 1993 fiscal year.  The section 481 adjustment had the effect            
          of reversing respondent’s adjustment backing out petitioner’s               
          inclusion of the prior year costs that were reimbursed during the           
          1993 fiscal year.                                                           
                                       OPINION                                        
               Section 162 permits the deduction of ordinary and necessary            
          expenses incurred in carrying on a trade or business.  P&G                  
          contends that the litigation costs it paid on behalf of clients             
          were ordinary and necessary expenses of its law practice.                   
          Respondent, on the other hand, contends that, in essence, the               
          payments were in the nature of loans to P&G’s clients because P&G           
          paid the litigation costs with the understanding that it would be           
          reimbursed by CSAA.                                                         
               We agree with respondent.  On the basis of longstanding case           
          precedents, P&G’s payments or advances of the client’s litigation           
          costs should be treated like loans.  See Canelo v. Commissioner,            
          53 T.C. 217 (1969), affd. per curiam 447 F.2d 484 (9th Cir.                 
          1971); see also Herrick v. Commissioner, 63 T.C. 562 (1975).                
          Canelo v. Commissioner, supra, involved a law firm which                    
          primarily engaged in plaintiffs’ personal injury litigation on a            
          contingent fee basis.  The firm advanced the clients’ litigation            





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