- 22 - 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.Page: 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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