Charles and Beatrice M. Reynolds - Page 20




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         Illinois.”  Petitioner explained during his testimony that                   
         Inspection was “investigating” his Schedule C gross receipts                 
         related “directly to my practice of law” and to his alleged                  
         practice on government time.                                                 
              Respondent contends that petitioner’s motivation in making              
         payments for legal representation is irrelevant; it is the origin            
         of the claim that is important.  The origin of the claim, in                 
         respondent’s view, is in connection with “defending” petitioner’s            
         employment with the IRS.  Respondent points out that such                    
         expenses are deductible on Schedule A as employee business                   
         expenses subject to the 2-percent “floor” of section 67(a).  We              
         agree with respondent.                                                       
              The Supreme Court, in United States v. Gilmore, 372 U.S. 39             
         (1963), held that the characterization of legal expenses depends             
         on the activities from which the claim arises for which the                  
         expenses were incurred.  The Court said that “the origin and                 
         character of the claim with respect to which an expense was                  
         incurred, rather than its potential consequences upon the fortunes           
         of the taxpayer, is the controlling basic test”.  Id. at 49.                 
              The “origin-of-the-claim” rule is not “a mechanical search              
         for the first in the chain of events which led to the litigation             
         but, rather, requires an examination of all the facts.”  Boagni v.           
         Commissioner, 59 T.C. 708, 713 (1973).  The question to be                   







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