- 16 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011