Thomas B. Benham - Page 10

                                               - 10 -                                                  
            expenses for the production of income to permit the deduction of                           
            legal expenses for his suit for divorce.  See United States v.                             
            Gilmore, 372 U.S. 39 (1963)(finding that expenditures                                      
            attributable to litigating a divorce are personal regardless of                            
            the potential consequences upon the taxpayer's fortunes because                            
            the nature of the expense is determined by the origin and                                  
            character of the claim).  Nor do we accept his explanation for                             
            the deduction of his taxes in the wrong year as being with                                 
            reasonable cause and in good faith.  We find that his                                      
            explanations do not demonstrate an honest misunderstanding of                              
            fact or law that is reasonable in light of his experience,                                 
            knowledge, and education.                                                                  
                  We have considered the other arguments of the parties, and                           
            they are either without merit or not necessary in view of our                              
            resolution of the issues in this case.                                                     
                  To reflect the foregoing,                                                            
                                                            Decision will be entered                   
                                                      under Rule 155.                                  

Page:  Previous  1  2  3  4  5  6  7  8  9  10  

Last modified: May 25, 2011