- 8 - reflecting payments by petitioners of $1,500 during 1996. The parties stipulated that in 1996 petitioners paid their counsel $2,175 and paid various other legal expenses of $822. However, there is little evidence that these expenses were related to petitioner’s business. To the contrary, the office records and petitioner’s testimony indicate that the legal work was primarily related to the matter involving the Winnebago, discussed infra, and was therefore personal in nature and nondeductible under section 262(a). Petitioner testified that a portion of the legal expenses was incurred for obtaining advice on whether filing for bankruptcy was necessary in order to continue his business activity. Certain bankruptcy-related legal expenses incurred in connection with a business activity may be deductible as business expenses. See, e.g., Tarakci v. Commissioner, T.C. Memo. 2000- 358. However, petitioners have not shown that any amount of the legal expenses they incurred was connected with petitioner’s business. Although a record for a $75 billing refers to a matter involving “ch 13”, presumably a reference to a chapter 13 bankruptcy proceeding, this amount was also billed as legal work for the personal Winnebago lawsuit; nothing indicates that there was any connection to petitioner’s sole proprietorship. With respect to depreciation, the only evidence presented by petitioners was a copy of the supporting schedule which had beenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011