Victor M. Bello - Page 14




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          particular, whether litigation and other legal costs are                    
          classified as deductible business expenses or nondeductible                 
          capital expenditures incurred in acquiring or disposing of an               
          asset, depends upon the origin of the claims relating to those              
          legal costs.  See Woodward v. Commissioner, supra at 577-578;               
          Dower v. United States, 668 F.2d 264, 266-268 (7th Cir. 1981);              
          BHA Enters., Inc. v. Commissioner, 74 T.C. 593, 598-601 (1980).             
               Petitioner contends that he has largely substantiated his              
          disputed business expenses.                                                 
               Respondent, on the other hand, contends that petitioner has            
          failed to substantiate the claimed expenses and has failed to               
          establish that certain of those expenses were not capital                   
          expenditures.  Respondent notes that capital expenditures include           
          the cost of defending one’s title to property.  See sec.                    
          1.263(a)-2(c), Income Tax Regs.                                             
               With respect to petitioner’s claimed deductions for                    
          security, wages, and taxes, we are satisfied petitioner has                 
          adequately substantiated and established those expenses are not             
          capital expenditures.  Petitioner testified that from 1992                  
          through 1994 a security service firm was hired to protect the               
          premises from squatters after the 12-cabana complex was closed              
          for business.  He said that this firm was paid $1,000 per month             
          for providing the premises with 24-hour security.  Similarly,               
          petitioner testified that the taxes claimed for 1992 through 1994           







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