- 19 - prepared sometime in 1997, could not have contained more than a fraction of the $600,000 estimated total legal fees as the final amount was not known until all of the various legal proceedings had been completed in late 1998. Mr. Maitland testified, and we have found, that (1) he and petitioner did not discuss how the settlement payment would be allocated among the claims made by petitioner, and (2) he did not intend any part of the settlement payment to be for any particular claim that petitioner had made. Pursuant to the settlement agreement, Nomura made the settlement payment and petitioner released Nomura from liability for all existing claims, including any claim for present or future legal expenses. To enter into the settlement agreement, Mr. Maitland and, by him, Nomura did not require of petitioner any accounting from him of his legal expenses. Nomura did not attempt to enforce any substantiation requirement that may have been implicit in Article XIII. More importantly, petitioner did not substantiate his legal expenses to Nomura in any sense other than, perhaps, telling Mr. Maitland that his claim was based in part on legal expenses of $600,000. Even if that did occur, it is not an accounting sufficient to satisfy section 1.62-2(e)(3), Income Tax Regs.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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