Dennis W. Stark - Page 22



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          of Lakeview's employees, petitioner's periods of silence, and               
          petitioner's willful absence from the business premises.  As                
          relief, William sought rescission of the Redemption Agreement and           
          return of his Lakeview stock and interest in the Fence Property,            
          appointment of a receiver and an accounting, consequential                  
          damages stemming from his loss of income from Lakeview and his              
          income tax liabilities incident to the disposition of his stock             
          and real property, and damages for intentional infliction of                
          emotional distress.                                                         
               Based on our review of the pleadings in the lawsuit and                
          other evidence in the record, we believe that William's principal           
          claims in the litigation were for the return of his Lakeview                
          stock and the Fence Property.  The other damages sought by him              
          were largely derivative, designed either to preserve the status             
          quo ante (such as the accounting and appointment of a receiver),            
          or to compensate him for consequential losses resulting from the            
          stock redemption and sale of the Fence Property, or to punish the           
          defendants for wrongful acts that led to or were connected with             
          his decision to enter the Redemption Agreement (e.g., punitive              
          damages or damages for intentional infliction of emotional                  
          distress).                                                                  
               Respondent argues that under United States v. Gilmore,                 
          supra, the legal fees are nondeductible personal expenditures               
          because "The origin of the lawsuit, and of its defense by the               
          petitioner, was the breakdown of a father-son relationship" and             
          that "these fees were incurred primarily for the individual                 



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