- 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