Patrick E. Catalano - Page 15




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               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.                                                  




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