Eric Test and Delia Braun - Page 14




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          with legal advice obtained while trying to protect one’s business           
          reputation are deductible.  Petitioners’ reliance on Ahadpour,              
          however, is inapposite because in that case we (1) did not                  
          consider whether the taxpayer was protecting his professional               
          reputation, (2) concluded that the taxpayer was not entitled to a           
          deduction for legal fees, and (3) did not suggest that a separate           
          test for determining deductibility applies when dealing with fees           
          for legal advice as opposed to fees for litigation.  Indeed, in             
          Ahadpour v. Commissioner, supra, we utilized the “origin of                 
          claim” test set forth in United States v. Gilmore, supra.                   
               Accordingly, we find that the claim or event that prompted             
          petitioner to incur legal fees did not arise in connection with             
          petitioner’s Schedule C trade or business, and therefore we                 
          sustain respondent’s determination that the legal fees in the               
          amount of $64,412.36 are deductible as unreimbursed employee                
          business expenses on Schedule A.                                            
               With respect to the $6,198.64 expended by petitioner for               
          services in connection with petitioner’s SLS business,                      
          petitioners are entitled to claim that amount as a business                 
          expense on the Schedule C for the 1994 taxable year.                        
          Accordingly, to that extent, petitioners have shown respondent’s            
          determination to be in error.                                               










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