Lee G. Gale - Page 32




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          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 owing           





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