Richard D. Nelson - Page 7




                                                - 7 -                                                  
            $56,409.11, $110,317.07, $130,739.49, $75,636.22, and $56,492.60                           
            for the years 1991, 1992, 1993, 1994, and 1995, respectively.                              
                  As an accrual basis reporter, November claimed a $1 million                          
            deduction for Krieger’s fee for its 1991 reporting period, but                             
            petitioner now claims the entire $1.5 million.  November paid the                          
            $6,793.36 rent for the Chestnut property for March 1991 and paid                           
            amounts for rent and other items into the court during the                                 
            pendency of the lawsuit.  After the lawsuit and pursuant to the                            
            settlement between November/petitioner and the Lichtys and                                 
            others, November made monthly payments of $12,293.36 (the                                  
            equivalent of $6,793.36 rent on the Chestnut property plus                                 
            $5,500) to the Lichtys’ entity.  For the 1991, 1992, and 1993                              
            reporting periods, November paid $147,235.49, $145,962.73, and                             
            $147,520, consisting of the above-described payments.                                      
                  Respondent disallowed the $1 million deduction that had been                         
            claimed for legal fees.  The deduction was disallowed on the                               
            alternative grounds that economic performance had not occurred or                          
            that the fee was a capital, nonamortizable expenditure.                                    
            Respondent also determined that the improvements to the Chestnut                           
            property were not currently deductible and that they should be                             
            capitalized and depreciated during a 31.5-year recovery period                             
            under the modified accelerated cost recovery system (MACRS).                               
            Under respondent’s determination, November would be entitled to                            
            depreciation deductions of $7,274, $12,376, and $13,165 for 1991,                          






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011