Ferydoun Ahadpour, a.k.a, F. Ahadpour, And Doris Ahadpour - Page 27




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          Guill v. Commissioner, supra; Boagni v. Commissioner, 59 T.C. 708           
          (1973).  In passing on this factor, the fact finder must take               
          into account, among other things, the allegations set forth in              
          the complaint, the issues which arise from the pleadings, the               
          litigation’s background, nature, and purpose, and the facts                 
          surrounding the controversy.  See Guill v. Commissioner, supra;             
          Boagni v. Commissioner, supra at 713.                                       
               During 1990 and 1991, petitioners sent $30,000 and $30,025,            
          respectively, to Fariborz allegedly for legal expenses in                   
          relation to the criminal prosecution of Ammareh.  Petitioners               
          argue that, although they could no longer pursue a civil action             
          against Ammareh, they sought criminal prosecution of Ammareh in             
          order to protect petitioner’s business reputation.  Petitioner              
          wanted to show that a fraud would not be committed upon him.                
          Petitioners claim these deductions on their Schedule C for                  
          Huntington Harbor.                                                          
               Respondent contends that the legal expenses are not                    
          deductible on petitioners’ Schedule C for Huntington Harbor                 
          because the legal expenses were in pursuit of a criminal matter             
          and these expenses paid to Fariborz were not ordinary and                   
          necessary expenses of Huntington Harbor nor were they incurred in           
          the production of income.                                                   
               It is not clear whether petitioner was seeking to protect              
          his business reputation in Iran, in the United States, or both.             







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