- 15 - Petitioner argues that our holding in Cox v. Commissioner, T.C. Memo. 1981-552, is applicable here to allow him to deduct his bankruptcy fees under section 162. We agree. In Cox, we found that taxpayers’ bankruptcy had been “proximately caused” by their business liabilities where $159,823 out of $163,820 (or more than 97 percent) of the taxpayers’ liabilities in bankruptcy were attributable to their business creditors. We held that an allocable portion of the bankruptcy fees was deductible as an ordinary and necessary business expense under section 162. See also Scofield v. Commissioner, T.C. Memo. 1997-547 (permitting taxpayer to deduct bankruptcy legal expenses where the debts listed in his bankruptcy petition related “almost exclusively” to his corporation). Here, $2,915,21514 out of $3,108,38215 (or 93.79 percent) of petitioner’s liabilities in bankruptcy was business 14This figure represents five lawsuits relating to petitioner’s businesses in which he was personally named as a defendant. The claimants were as follows: Carbon Beach Property Venture ($500,000), Florin Meadows I & II ($1,958,797), John Schueler ($6,418), Frank L. & Margie Hammersley ($50,000), and Milton & John Ullman ($400,000). 15Petitioner’s bankruptcy schedules report total liabilities of $6,350,812. We exclude the mortgages on petitioner’s two homes (in the amounts of $675,419 and $1,345,609) from his personal debts because they were nonrecourse and/or fully collateralized and thus a bankruptcy discharge would not have affected their collectibility. We also exclude the full $1,221,402 indebtedness on petitioner’s office building from his business debts because he did not establish that the loan was recourse and undersecured.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011