- 13 - 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 thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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