Zabetti A. Pappas - Page 57




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          costs, which petitioner incurred in connection with the                     
          acquisition of a capital asset-–that is, the stock of Real                  
          Services--are capital in nature and not currently deductible.               
          See Woodward v. Commissioner, 397 U.S. 572, 575 (1970);                     
          Briarcliff Candy Corp. v. Commissioner, 475 F.2d 775, 781 (2d               
          Cir. 1973), revg. on other grounds and remanding T.C. Memo. 1972-           
          43; Lychuk v. Commissioner, 116 T.C. 374, 389 (2001).                       
               The situation is different, however, with respect to the               
          other $1,000 in legal fees claimed by petitioner.  Those fees,              
          incurred by petitioner against charges that she was using the               
          apartment on E. 77th Street for an illegal purpose, were incurred           
          in connection with the preservation of the income-producing                 
          activities associated with her escort business and are                      
          deductible.  See Johnson v. Commissioner, 72 T.C. 340, 348                  
          (1979).                                                                     
               Petitioner also maintains that she entered into a real                 
          estate brokerage agreement with her sister and another                      
          individual, who were owners of some valuable real estate in                 
          Hawaii.  She argues that this arrangement resulted in her making            
          deductible expenditures during either 1989 or 1990.20  Even if we           
          accept petitioner’s contention that she had a valid broker’s                

               19(...continued)                                                       
          period beginning when its business commences.  Sec. 248.                    
               20 Although petitioner contends that the expenditures were             
          incurred in 1989, she claims deductions for them in 1990.                   





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