Sharon Purcell DiLeonardo - Page 20




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          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:                                        






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