-20- entities. Petitioner’s defense was no more than an attempt to preserve the status quo; namely, to defend his business practices against those allegations and to preserve his already established position within H.K. Peach. Petitioner did not attempt to create a separate or distinct asset, produce a significant future benefit, or acquire a capital asset. See Lychuk v. Commissioner, supra. To the extent that any benefit was created by virtue of petitioner’s defending this lawsuit, it appears to us more immediate than future, in that an imminent harm to petitioner would ensue if he failed to defend himself in this proceeding. Respondent relies exclusively on Lin v. Commissioner, T.C. Memo. 1984-581, to support his assertion that these fees must be capitalized. There, the legal fees related to two proceedings. The first proceeding concerned a dispute as to the ownership and management of two corporations. The second proceeding concerned a dispute to set aside a deed as fraudulent and void. The Court concluded that the origin of the claim in the first proceeding was to “protect or defend * * *[the taxpayers’] proportionate interest in the ownership of the stock of the corporations”, and in the second proceeding was to restore and establish the taxpayers’ right to the ownership of the property in question. We find Lin distinguishable on its facts and hold that the legal fees related to Oakland 3 are deductible as ordinary andPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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