- 57 - 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.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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