Lee G. Gale - Page 38




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          rental expenses of $52,609) are not being double counted as part            
          of the mislabeled “cost of goods sold”.  Additionally, it appears           
          that the 1992 disbursements journal tracks personal as well as              
          business expenses, without clearly differentiating between them.            
          Petitioner failed to introduce any further documentation or other           
          evidence to support his deductions.  We therefore agree with                
          respondent’s determination allowing a trade or business expense             
          deduction for only $35,000 of the $93,275 wrongly claimed by                
          petitioner as “cost of goods sold”.                                         
          Income and Deductions in 1993 and 1994 for Amounts Withdrawn From           
          Trust Account                                                               
               Any amounts deducted in 1992 under section 461(f) are                  
          treated as income and subject to taxation in the year recovered             
          by petitioner, under the tax benefit rule.  See, e.g., Hillsboro            
          Natl. Bank v. Commissioner, 460 U.S. 370 (1983); G.M. Standifer             
          Constr. Corp. v. Commissioner, 30 B.T.A. 184 (1934) (on                     
          settlement of dispute, taxpayer subject to tax on previously                
          deducted litigation reserves).  To prevent double deductions, no            
          additional deduction is allowed for amounts paid from the                   
          attorney trust account to the attorneys on account of legal fees            
          and expenses.                                                               












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