- 12 - commenced in an attempt by petitioners to save business property from seizure by the IRS. Mr. Nordbrock testified that the only creditor in the bankruptcy was the IRS, and the debt to the IRS resulted from $75,000 in preparer penalties. See United States v. Nordbrock, 38 F.3d 440 (9th Cir. 1994). Respondent argues that these expenses are personal expenses and not deductible business expenses. Petitioners have not persuaded us that the bankruptcy-related expenses were ordinary and necessary business expenses and have not provided us with a basis for allocating the fees between personal services and business services. Petitioners presented copies of checks that were payable to the attorney who filed the bankruptcy proceeding. They did not, however, present any invoices that explained the services provided by the attorney. See In re Collins, 26 F.3d 116 (11th Cir. 1994); Dowd v. Commissioner, 68 T.C. 294, 303-304 (1977). Some of the payments claimed as deductible were made to the trustee in bankruptcy. Those payments relate to the preparer penalties, inasmuch as petitioner testified that the only creditor in the bankruptcy was the IRS and that the seizure of property that he was trying to defeat was for $75,000 in unpaid preparer penalties that were assessed against him. The nature of the payments is not clear. If the payments were for monthly fees, as petitioner testified, they suffer from the same infirmity as the legal fees. If they were payments on account ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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