- 16 - California’s antitrust suit. Respondent disallowed $1,074,867 of deductions for legal fees claimed for the 1989 tax year and disallowed separate deductions of $2,666,045 and $175,630 for legal fees claimed for the 1990 tax year. Discussion The issue for decision is whether legal fees incurred in connection with the State of California’s antitrust litigation are deductible as ordinary and necessary business expenses under section 162.2 Respondent determined that the legal fees must be capitalized pursuant to section 263(a). Petitioner argues that the legal fees were postacquisition expenditures incurred in defending its business operations. Income tax deductions are a matter of legislative grace, and the burden of clearly showing the right to the claimed deduction is on the taxpayer. See Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). Moreover, deductions are strictly construed and allowed only “as there is clear provision therefor.” INDOPCO, Inc. v. Commissioner, supra at 84 (quoting New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934)). The principal difference between a deduction and an item that must be capitalized and amortized is the timing of the recovery of the expenditure. The Supreme Court in INDOPCO, Inc. 2Unless otherwise indicated, section references are to the Internal Revenue Code applicable to the subject years, and Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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