Horace D'Angelo - Page 26

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          to defend himself in a lawsuit, and (5) an ordinary expense in              
          that souring of business relationships between the partners is a            
          routine business reality.  See Commissioner v. Lincoln Sav. &               
          Loan Association, 403 U.S. 345 (1971).  Under these standards, we           
          find  petitioner’s expenses incurred in connection with Oakland 5           
          deductible because he did not seek to create a separate or                  
          distinct asset, produce a significant future benefit, or acquire            
          a capital asset in that proceeding.  Instead, he was defending              
          his position as a partner with respect to the contractual                   
          obligations specified in the partnership agreement.                         
               In view of the above, we hold that petitioner may deduct the           
          legal fees in the amounts of $770 and $90,392 for 1995 and                  
          $57,799 for 1996.                                                           
          V.   Office Expenses                                                        
               For 1995, petitioner deducted $14,065 of office expenses as            
          expenses paid in carrying on his trade or business.  Petitioner             
          and some of the Arbor employees worked in the office. Evidence              
          in the record supports the conclusion that Arbor was an                     
          “umbrella” entity organized to develop and manage industrial real           
          estate and nursing homes owned by petitioner and his co-                    
          venturers.  The office in question was used by petitioner to                
          house Arbor’s intended business activities.  The expenses at                
          issue are those of Arbor, not those of petitioner.  Thus, he                
          cannot deduct the fees at issue under section 162.                          






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