- 13 - Petitioners’ reliance on Freeland v. Commissioner, T.C. Memo. 1986-10, is misplaced. In that case, the taxpayers incurred litigation expenses in a wrongful foreclosure action resulting from the taxpayers’ declaration of default on a promissory note, their exercise of an option to accelerate installments, and their initiation of foreclosure proceedings. Neither party to the litigation was seeking to adjust the purchase price of the sales agreement; rather, the purpose of the foreclosure action was to move title to the property from one party to another. We found that the kind of transaction out of which the litigation arose was the foreclosure action, not the original acquisition of the property. However, because the taxpayers ultimately were the successful bidders at the foreclosure sale, we held that all of their litigation expenses were attributable to the reacquisition of title and were not currently deductible. The instant case is distinguishable because petitioners incurred legal fees maintaining a lawsuit to recover damages from Mr. Meglin for misrepresentations which caused petitioners to pay an inflated price for the hotel. 5(...continued) they sought and recovered damages to compensate them for the difference between the purchase price of the hotel and the fair market value of the hotel at the time of sale. Petitioners have made no attempt in the instant case to allocate the $271,473.95 reduction in the amount owed under the promissory note among the difference between purchase price and actual value of the hotel, lost profits, and renovation costs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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