- 26 - 78 T.C. 910, 918 (1982); Locke v. Commissioner, 65 T.C. 1004, 1011-1013 (1976), affd. 568 F.2d 663 (9th Cir. 1978). In Locke v. Commissioner, supra at 1011-1013, this Court found that legal costs incurred in defending a fraud suit brought by the seller of stock, subsequent to the consummation of the sale, were capital expenditures. See also Wagner v. Commissioner, supra (same result where purchaser brought the suit). In Locke we held that the origin of the claim was the fraud and concealment that allegedly took place during the sale of the stock, and therefore the legal fees incurred were capital in nature since they related to the acquisition of the stock, a capital asset. In the instant case, the essence of the lawsuit brought by William against Lakeview and petitioner was an effort to rescind the contract under which Lakeview redeemed William's stock. Consummation of that contract, the Redemption Agreement, was a transaction involving the acquisition and disposition of a capital asset, stock. Sec. 1221; Frederick Weisman Co. v. Commissioner, 97 T.C. 563, 572 (1991); Proskauer v. Commissioner, T.C. Memo. 1983-395. Because Lakeview incurred the legal fees in defending claims that arose from a transaction involving the acquisition of a capital asset, under the "origin-of-the-claim" test the cost of such fees must be capitalized.9 9 As noted previously, some portion of the legal fees may be attributable to defending petitioner against William’s effort to reclaim his interest in the Fence Property. Any portion so attributable would be required to be capitalized because it arose from a transaction involving the acquisition of interests in real (continued...)Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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