Jesse Emmit and Marjorie A. Rupert - Page 7




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          proceedings.  Although petitioner personally calculated potential           
          for recovery, he did not possess the background and expertise to            
          lend credibility to such projections.  There has been no showing            
          that there was any potential for a recovery that exceeded the               
          expenditures on behalf of the litigant; i.e., that Michelle would           
          be entitled to alimony and or some form of damages that exceeded            
          the amount of expenditures that Michelle and petitioner incurred            
          in the proceedings.  Even though there was a written agreement,             
          in substance, petitioner was merely being a good parent and                 
          assisting his daughter in her time of need.  In addition,                   
          petitioners were personally seeking custody of their                        
          granddaughter.  On this record, we are unable to elevate this               
          arrangement to a profit-seeking activity.                                   
               Accordingly, we hold that petitioners are not entitled to              
          deduct the $39,274 expended in connection with their daughter’s             
          domestic relations litigation.                                              
          II.  Depreciation                                                           
                                  FINDINGS OF FACT                                    
               On July 11, 1982, petitioner purchased a 1982 model, 28-foot           
          mobile home for $36,000, and it was placed on a long-term leased            
          lot on Lake Cherokee in Henderson County, Texas.  Petitioners               
          permanently affixed the home to the realty by removing the wheels           
          and axles, placing it on foundation blocks, and securing it with            
          steel straps attached to ground anchors.  Petitioners added                 






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