Eric Test and Delia Braun - Page 12




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          claimed on Schedule C because the expenses are directly related             
          to petitioner’s professional reputation, and thus SLS.                      
          Respondent argues that the origin of petitioner’s legal fees did            
          not arise from her Schedule C trade or business, and that under             
          United States v. Gilmore, supra, the consequences to petitioner’s           
          Schedule C business are irrelevant to the analysis.                         
               Based upon the record, the origin of petitioner’s legal fees           
          stems from her status as an employee of UCSF, and not from her              
          Schedule C trade or business.  The event that prompted petitioner           
          to hire attorneys in 1994 was the State audit of CPRT and the               
          impending release of the audit report.  While the record is                 
          replete with testimony from petitioner regarding the reasons she            
          retained legal counsel, it is also replete with evidence that the           
          event that prompted the legal services was the State audit.  The            
          billing detail from petitioner’s attorneys indicates that the               
          majority of their services concerned the impending release of the           
          State’s audit report and centered around the State audit of CPRT.           
          The billing detail further indicates that the legal services                
          performed were directly related to her employment with UCSF as              
          director of CPRT.  Indeed, the entire record indicates that                 
          petitioner hired attorneys in response to the State audit of                
          CPRT.                                                                       
              We do not question whether petitioner was engaged in a                 
          Schedule C trade or business.  Nor do we doubt that petitioner              






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