- 7 - Profit or Loss From Business, attached to their 1994 Form 1040, U.S. Individual Income Tax Return, petitioners deducted $82,971 for legal and professional services and $17,712 for consulting. These amounts included costs for legal counsel, accounting work, and the appraisal. Respondent’s examination of petitioners’ 1994 return commenced in January 1997. On March 3, 2000, respondent issued petitioners a notice of deficiency determining that petitioners’ deductions for legal and consulting fees were not deductible because the fees were incurred in connection with the establishment of the purchase price of the Truckee Hotel. OPINION The issue for decision is whether legal and consulting fees incurred in maintaining a lawsuit against a seller of property are deductible as ordinary and necessary business expenses under section 162.2 Respondent contends that the legal and consulting fees must be capitalized pursuant to section 263(a) because they arose out of, and were incurred in connection with, petitioners’ acquisition of the Truckee Hotel, a capital asset.3 Petitioners argue that capitalization is not required because: (1) The fees were postacquisition expenditures not related to the purchase of 2Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue. 3Petitioners do not dispute that the Truckee Hotel was a capital asset.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011