Ruby Jean Stevens - Page 17




                                       - 17 -                                         

          to trust assets, the legal expenses incurred in defense of the              
          lawsuit were deductible.                                                    
               Moore Trust v. Commissioner, supra, and Estate of Barnhart             
          v. Commissioner, supra, are distinguishable from the present case           
          because the principal focus of Garland's lawsuit was to                     
          invalidate the Trust.  Distilled to their essence, Garland's                
          claims originated in his attempt to obtain a larger share of Mr.            
          Stevens’ estate.  The claims required the trial court to address            
          whether the Trust received title to the corpus validly or by                
          virtue of undue influence.  The origin of the claims in Garland's           
          lawsuit was Garland's desire to eliminate the Trust.  Only then             
          could he assert a claim to the assets as Mr. Stevens’ heir.                 
               In a final effort to salvage some part of a deduction for              
          the litigation costs which she incurred, petitioner argues that,            
          at a minimum, we should allocate the costs among the various                
          claims for relief contained in Garland's complaint and then allow           
          a deduction for that portion of the costs that qualifies for                
          deduction under section 212.  She cites Dye v. United States, 121           
          F.3d 1399, 1406 (10th Cir. 1997),9 in support.  Although the                
          decision in Dye v. United States stands for the proposition that            
          an allocation must be made among different causes of action in              
          appropriate cases, this is not such a case.  The claims for                 


               9The present case is appealable to the Court of Appeals for            
          the Tenth Circuit.                                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011