Sharon Purcell DiLeonardo - Page 22




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          actions.  See, e.g., Ostrom v. Commissioner, 77 T.C. 608 (1981),            
          in which the taxpayer was allowed to deduct his payment of a jury           
          award of damages imposed on account of the taxpayer’s fraudulent            
          misrepresentation on which the plaintiff had relied to his                  
          detriment.  To the same effect are the cases described in Ostrom            
          v. Commissioner, 77 T.C. at 611-613.  In the instant case, the              
          origin and character of the claim from which the liability arose            
          are petitioner’s personality as a seeker after profit.  This is             
          not affected by whether petitioner won or lost the underlying               
          litigation or even by whether the California Court imposed the              
          obligation on petitioner because that Court concluded that                  
          petitioner had acted in bad faith and out of vindictiveness.                
               The rule is otherwise in certain statutorily defined areas             
          (see, e.g., Huff v. Commissioner, 80 T.C. 804 (1983), dealing               
          with sec. 162(f)) and in the “public policy doctrine.”  See,                
          e.g., Commissioner v. Tellier, 383 U.S. 687 (1966).  As to what             
          remains of the public policy doctrine, see the opinions in                  
          Stephens v. Commissioner, 93 T.C. 108 (1989), revd. 905 F.2d 667            
          (2d Cir. 1990).  However, as noted supra note 2, respondent has             
          conceded the public policy doctrine issue.  Also, clearly,                  
          section 162(f) does not apply.  Thus, we return to our conclusion           
          that respondent’s argument about the Payments constituting                  
          sanctions does not change our analysis or conclusions.                      








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