- 20 - 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 bePage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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