- 12 - 1993, petitioner was regularly and continuously engaged in a trade or business involving the sale of promissory notes. Petitioners maintain that (1) during 1993 petitioner was engaged in the trade or business of acquiring and selling underperforming promissory notes, and (2) the legal fees incurred were proximately related to petitioner’s trade or business activities. Respondent does not challenge petitioners’ contention that the legal fees were related to the acquisition of the Forum 303 note. Rather, respondent disagrees with the assertion that petitioner was engaged in the trade or business of acquiring promissory notes. In this regard, respondent alternatively contends: (1) Petitioner’s acquisition of the Forum 303 note was an isolated investment transaction that does not rise to the level of a trade or business; or (2) petitioner was acting within the scope of his employment with AMI when he pursued the acquisition of the Forum 303 note. Under either position, respondent posits petitioners’ legal fees would not be deductible under section 162(a). For the reasons that follow, we agree with respondent that petitioner’s legal fees are not Schedule C business deductions. In our opinion, petitioner was not in the trade or business of acquiring and selling real estate promissory notes. He did not regularly or continuously enter into the purchase and sale of these types of promissory notes. Although we are mindful that on several occasions between 1986 and 1988 petitioner attempted to acquirePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011