Ferydoun Ahadpour, a.k.a, F. Ahadpour, And Doris Ahadpour - Page 26




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          the production of income, (2) the management, conservation, or              
          maintenance of property held for the production of income, or (3)           
          the determination, collection, or refund of any tax.  Taxpayers             
          must keep sufficient records to establish deduction amounts.  See           
          sec. 6001.                                                                  
               Whether a litigation expense is deductible depends on the              
          origin and character of the claim for which the expense was                 
          incurred and whether the claim bears a sufficient nexus to the              
          taxpayer’s business or income-producing activities.  See Woodward           
          v. Commissioner, 397 U.S. 572 (1970); United States v. Gilmore,             
          372 U.S. 39, 44-45 (1963).  Ordinary and necessary litigation               
          costs are generally deductible under section 162(a) when the                
          matter giving rise to the costs arises from, or is proximately              
          related to, a business activity.  See Woodward v. Commissioner,             
          supra; Kornhauser v. United States, 276 U.S. 145, 153 (1928).               
          Litigation costs must be “attributable to a trade or business               
          carried on by the taxpayer” in order to be deductible as a                  
          business expense.  Sec. 62(a)(1); see Guill v. Commissioner, 112            
          T.C. 325 (1999).                                                            
               The ascertainment of a claim’s origin and character is a               
          factual determination that must be made on the basis of the facts           
          and circumstances of the litigation.  See United States v.                  
          Gilmore, supra at 47-49.  The most important factor to consider             
          is the circumstances out of which the litigation arose.  See                







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