Patrick C. Badell and Lillian A. Badell - Page 13




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          the advanced costs was contingent upon the outcome of the                   
          underlying litigation (i.e., a gross fee arrangement).  See                 
          Boccardo v. Commissioner, 56 F.3d 1016, 1018 (9th Cir. 1995),               
          revg. T.C. Memo. 1993-224.  We disagree.  In Boccardo v.                    
          Commissioner, supra, the U.S. Court of Appeals for the Ninth                
          Circuit held that an attorney’s payment of costs and charges in             
          connection with his or her client’s litigation is deductible if             
          the client is under no obligation to repay the money spent.                 
          Unlike the clients in Boccardo, B&W’s clients were obligated to             
          reimburse B&W for the costs it paid on their behalf regardless of           
          the outcome of the client’s case.  Thus, Boccardo does not help             
          petitioners.                                                                
               Similarly, B&W may not deduct as business expenses advances            
          it made to those clients it believed were destitute.  See Hearn             
          v. Commissioner, supra (unreimbursed expenses advanced by                   
          attorney to clients were nondeductible loans in year paid, even             
          though attorney believed it “doubtful” he would collect these               
          items).                                                                     
               Petitioners contend that, in the same tax year B&W advanced            
          costs, B&W was reimbursed by its clients in an amount greater               
          than conceded by respondent.  We agree in part and disagree in              
          part.  In fiscal year 1995, B&W’s clients reimbursed B&W $2,311             
          for costs paid in fiscal year 1995, over and above those conceded           
          by respondent, and B&W may reduce its gross receipts for that               






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