- 11 - purchase were capital expenditures because they arose out of, and were incurred in connection with, acquisition of stock). See also Berry Petroleum Co. & Subs. v. Commissioner, supra (costs incurred in defending lawsuit filed after merger were capital expenditures because lawsuit had its origins in the process of acquisition culminating in the merger); Wagner v. Commissioner, 78 T.C. 910 (1982) (legal fees incurred by seller of stock to defend against lawsuit by purchaser were capital expenditures because the origin of the claim was the sale); Redwood Empire Sav. & Loan Association v. Commissioner, 68 T.C. 960 (1977) (amount paid to settle lawsuit brought by former owners of property, and legal fees incurred in connection therewith, were capital expenditures), affd. 628 F.2d 516 (9th Cir. 1980). In the instant case, petitioners sought damages from MHP and Mr. Meglin related to the purchase of the Truckee Hotel. During arbitration, petitioners sought specific damage amounts for the difference between the purchase price and the actual value of the hotel, lost profits, and renovation costs. During the course of litigation, petitioners had an appraisal done to determine the fair market value of the property as of the date of purchase. The appraisal indicated that petitioners paid a price substantially in excess of the fair market value. As part of the release and settlement agreement, Mr. Meglin agreed to reduce the amount owed on the promissory note for the hotel by $271,473.95;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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