- 14 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011