Horace D'Angelo - Page 16

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          1996, petitioner was engaged in a trade or business of developing           
          industrial real estate.                                                     
          IV.  Legal Fees                                                             
               At issue here are professional fees of $770 and $90,392 for            
          1995, and $57,799 for 1996.  These amounts were incurred by                 
          petitioner in the course of his participation in several lawsuits           
          in the Oakland County District Court in his capacity as an                  
          officer, partner, and/or shareholder of the entities he owned in            
          whole or in part.                                                           
               Petitioner maintains that these amounts are deductible by              
          him under section 162 as the ordinary and necessary business of             
          his trade or business of developing industrial real estate.                 
          Alternatively, petitioner asserts, these amounts are deductible             
          under section 212 as expenses attributable to property held for             
          the production of income.  Respondent argues that all of these              
          amounts are nondeductible capital expenditures, except for the              
          portion of legal expenses allocable to Oakland 2.5  We agree with           
          petitioner.                                                                 
               Section 162(a) allows a deduction for all ordinary and                 
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business.  To qualify as an allowable              
          deduction under section 162(a), an item must (1) be paid or                 


               5 The parties stipulated allocating 50 percent of the                  
          $90,392 at issue to Oakland 2.                                              





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