Jesse Emmit and Marjorie A. Rupert - Page 2




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          Whether petitioners are entitled to deduct certain legal expenses           
          paid in connection with their daughter’s domestic relations                 
          proceedings; (2) whether petitioners are entitled to claim                  
          depreciation deductions with respect to a rental residence and,             
          if so, the amount of depreciation to which they are entitled; and           
          (3) whether petitioners are liable for a section 6662(a) penalty            
          with respect to the legal expense issue.                                    
          I.  Legal and Professional Fee Deduction                                    
                                  FINDINGS OF FACT2                                   
               At all pertinent times, petitioners were married and resided           
          in League City, Texas.  Jesse Emmit Rupert (petitioner) retired             
          from his position as a drilling manager for Atlantic Richfield              
          Indonesia, Inc. (Atlantic Richfield), on February 1, 1987.  Since           
          his retirement, petitioner has been involved in investing and did           
          a limited amount of engineering consulting during 1991.                     
               In 1992, petitioners’ daughter Michelle Ann Steele                     
          (Michelle) became involved in a divorce proceeding against her              
          then husband, Tad Edward Wilkinson (Tad).  When the proceeding              
          was instituted, Michelle and Tad had a daughter, Ashley, who was            
          about 2 years old.  During the period 1992 through 1995,                    



               2 Because of the discrete nature of the facts and legal                
          discussion for each issue, the findings of fact and legal                   
          discussion for each issue are separately set forth.  The fact               
          finding is being segregated for convenience only, and all                   
          findings are applicable throughout the opinion.  The parties’               
          stipulation of facts is incorporated by this reference.                     





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