- 132 - respectively. Respondent also disallowed a deduction of $72,996 that Otrabanda had reported for amounts paid to the Cravath firm during the taxable year ended June 21, 1991. However, the record in these cases includes a memorandum from Cravath to Brunswick dated December 2, 1994, in which Cravath itemized its $125,000 charge to Saba for professional services as follows: The $125,000.00 fee was for negotiation and drafting of the documentation, and for other related services, in connection with: (a) the formation of Saba ($19,452.45), (b) the purchase by Saba of certain notes ($25,576.37), (c) the sale by Saba of such notes ($46,649.86), (d) the assignment of Saba’s right to receive payments from such sale ($11,887.60) and (e) other related matters ($21,433.72). * * * In the same memorandum, Cravath itemized its $68,000 charge to Otrabanda for professional services as follows: The $68,000.00 fee was for negotiation and drafting of the documentation, and for other related services, in connection with: (a) the formation of Otrabanda ($12,215.57), (b) the purchase by Otrabanda of certain certificates of deposit ($12,537.03), (c) the sale by Otrabanda of such certificates ($23,193.51), (d) the assignment of Otrabanda’s right to receive payments from such sale ($6,209.58) and (e) other related matters ($13,844.31). * * * We hold that Saba and Otrabanda are entitled to deductions for fees paid to the Cravath firm other than fees associated with the purchase and sale of the PPNs and CDs. Based upon the record presented, we hold that Saba and Otrabanda are entitled to deduct $19,452.45 and $12,215.57, respectively, representing the fees paid to Cravath in connection with the formation of the partnerships, subject to the limitations on the deduction ofPage: Previous 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 Next
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