- 21 - 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 improperPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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