Sharon Purcell DiLeonardo - Page 21




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                    Under this test, petitioner’s Objections to the Third             
               Account do not constitute the relevant litigation for                  
               purposes of Section 212(1) and (2).  The relevant litigation           
               is that which was initiated by those persons who opposed               
               petitioner’s Objections to the Third Account and who                   
               prosecuted both a motion for monetary sanctions and a                  
               petition to charge petitioner’s share of the trust’s income            
               with the payment of such monetary sanctions.                           
          We disagree.  The motion and petition were no more than responses           
          to petitioner’s Objections to the Third Account.  The motion and            
          petition would be pointless in the absence of petitioner’s                  
          Objections and the Third Account.  Indeed, even the California              
          Court’s decree, requiring petitioner’s Payments to be made solely           
          out of petitioner’s current income from her income interest in              
          the Trust, confirms that the California Court regarded the                  
          consideration and resolution of the motion and petition as being            
          part of a dispute about petitioner’s income from the Trust.                 
               Respondent contends as follows:                                        
               In addition, those sanctions were imposed to compensate the            
               victims of petitioner’s bad faith and vindictive actions.              
               Such sanctions bear no relation to the production or                   
               collection of income or to the management, conservation, or            
               maintenance of income producing property.                              
          We disagree.                                                                
               In general, if the origin and character of the claim arise             
          out of a taxpayer’s personality as a seeker after profit rather             
          than satisfier of human needs, it does not matter that the                  
          taxpayer’s expenditures are made because of the imposition of a             
          sanction to compensate the victims of the taxpayer’s improper               







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