Ruby Jean Stevens - Page 19




                                       - 19 -                                         

          more than a guess made to salvage some part of a deduction out of           
          that which is simply not deductible.  The professional fees at              
          issue were incurred in defending a lawsuit which sought to                  
          invalidate the Trust.  An allocation with respect to the various            
          claims for relief, even if made, would not change our conclusion            
          or the result that flows from it.  The professional fees are not            
          deductible under section 212; they are capital expenditures under           
          section 263.                                                                
               We have carefully considered all remaining arguments made by           
          petitioner for a result contrary to that expressed herein, and,             
          to the extent not discussed above, we find them to be irrelevant            
          or without merit.                                                           
          Conclusion                                                                  
               The professional fees incurred by petitioner in connection             
          with the Trust litigation had their origin in a dispute over                
          title to property.  Therefore, those fees must be capitalized.              
               To reflect the foregoing and the concessions by both                   
          parties,                                                                    
                                                   Decision will be entered           
                                             under Rule 155.                          












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

Last modified: May 25, 2011