Robert J. & Shari L. Hartz - Page 9




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          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 been            








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