Victor M. Bello - Page 16




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          security services of $12,000 and tax expenses of $18,000; (3) for           
          1994, security services of $12,000 and tax expenses of $2,000.4             
               With respect to his claimed 1992 and 1993 legal expenses,              
          petitioner has failed to establish that those expenses were not             
          capital expenditures.  Virtually no evidence was offered                    
          concerning the nature and origin of the claims involved in these            
          disputes.5  The record contains no pleadings from these disputes.           
          We are thus unable to determine the origin and character of the             
          claim or claims that were litigated in those disputes.  See Dower           
          v. United States, supra.  Accordingly, we hold that petitioner is           
          not entitled to deductions under section 162 for his claimed 1992           

               4We do not consider respondent’s alternative arguments that            
          petitioner is not entitled to deductions because the Villa del              
          Mar venture was actually conducted by a separate Brazilian legal            
          entity, and any deductions petitioner receives are still subject            
          to a 2-percent floor because, following Villa del Mar’s closing             
          in 1990, petitioner, at best, only engaged in an investment                 
          activity under sec. 212.  This separate legal entity issue is a             
          new issue which respondent is attempting to raise for the first             
          time on brief.  Similarly, the sec. 212 issue is also a new issue           
          and was not raised either in the notice of deficiency or in                 
          respondent’s answer.                                                        
               5In February 1996, Ms. Oliveira issued to petitioner an                
          itemized statement of 1992 expenses from Villa del Mar.  That               
          statement reflects legal or professional expenses of $65,750 paid           
          for 1992 as follows:                                                        
                    Expenses for lawyers (including                                   
                    Court expenses)--                                                 
                         Dr. Guy Agulha                $36,000                        
                         Dr. Themir Batista               5,750                       
               Expenses related to architect                                          
                    Orlando Regis                   24,000                            
          No similar statement was provided for 1993.                                 




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