- 14 - 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 1994Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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