- 20 - Petitioner made the Payments because the California Court ordered her to make them. The California Court’s order directing petitioner to make these Payments came in response to a petition for equitable allocation and a motion for sanctions filed separately by the other beneficiaries. That petition and that motion arose from petitioner’s Objections to the Third Account. We do not continue to follow the steps all the way back to L.O. Ivey’s will, establishing the Trust. See Boagni v. Commissioner, 59 T.C. 708, 713 (1973). Rather, we look for “‘the kind of transaction out of which the obligation arose’”. United States v. Gilmore, 372 U.S. at 48 (quoting Deputy v. du Pont, 308 U.S. 488, 494 (1940)). After examining the record in the instant case we conclude, and we have found, that petitioner’s obligation to make the Payments arose from the Trustee’s filing of the Third Account. The context of the Third Account is distributions from the Trust. The distributions to petitioner arose from her status as an income beneficiary. Thus, after examining the origin and character of the claim in the instant case, we conclude that petitioner made the Payments in her personality of a “seeker after profit”, United State v. Gilmore, 372 U.S. at 44, and petitioner’s entitlement to deductions therefor is not barred by section 262(a). Respondent contends as follows:Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011