- 32 - position has not been discussed on brief and is clearly erroneous.”). Section 461(f) allows a deduction only if four elements are present: (1) The taxpayer must contest an asserted liability, (2) the taxpayer must transfer money or property to provide for the satisfaction of the asserted liability, (3) the contest must continue after the transfer, and (4) a deduction would be allowed for the transfer under applicable law if the liability were not contested. In his supplemental brief, respondent concedes that petitioner is entitled to a deduction in 1992 under section 461(f) for the amount of legal fees claimed by Lurie & Zepeda in connection with the United Ready Mixed litigation. Respondent argues, however, that the United Ready Mixed settlement proceeds substantially exceed the fees to which Lurie & Zepeda were entitled in connection with the United Ready Mixed litigation, and that petitioner failed to prove that he would have been entitled to a deduction if he had paid the balance of the fees claimed by Lurie & Zepeda for other legal matters they handled for him. There are significant gaps in the record. The record shows that petitioner owed Lurie & Zepeda $348,114.21 in hourly legal fees and costs as of November 30, 1992, in connection with the United Ready Mixed matter, $65,685.34 in legal fees and costs as of 1995 in connection with petitioner’s divorce (the amount owingPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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