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related to, a business activity. See Kornhauser v. United
States, 276 U.S. 145, 153 (1928).
In order to be deductible on Schedule C, an expense must be
directly connected with, or proximately result from, a trade or
business of the taxpayer. See id.; O’Malley v. Commissioner, 91
T.C. 352, 361 (1988), affd. 972 F.2d 150 (7th Cir. 1992). If a
taxpayer’s trade or business is that of being an employee,
however, then the legal expenses will be treated as an itemized
deduction, subject to the limitation of section 67. See McKay v.
Commissioner, 102 T.C. 465 (1994), revd. on other grounds 84 F.3d
433 (5th Cir. 1996); Alexander v. Commissioner, T.C. Memo. 1995-
51.
The deductibility of legal fees depends on the origin and
character of the claim for which the expenses were incurred and
whether the claim bears a sufficient nexus to the taxpayer’s
business or income-producing activities. See United States v.
Gilmore, 372 U.S. 39 (1963). The Supreme Court stated 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. Thus, in order for petitioner’s legal fees to be
deductible on her Schedule C, the origin of those legal services
must have been rooted in SLS, her Schedule C business.
Petitioners maintain that the legal fees are correctly
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