-26- 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.Page: 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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