Barney K. and Lindy W. Huang - Page 12

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          expenses which are ordinary and necessary for (1) the production            
          or collection of income, or (2) the management, conservation, or            
          maintenance of property held for the production of income.  Sec.            
          212(1) and (2).  Personal, living, and family expenses, on the              
          other hand, generally may not be deducted to any extent.  Sec.              
          262(a).                                                                     
               Whether a legal expense is deductible under section 162(a)             
          or section 212, or nondeductible under section 262(a), is                   
          contingent upon the origin and character of the underlying claim,           
          not on its potential consequences upon the fortunes of the                  
          taxpayer.  United States v. Gilmore, 372 U.S. 39 (1963); Peters,            
          Gamm, West & Vincent, Inc. v. Commissioner, T.C. Memo. 1996-186;            
          Lussy v. Commissioner, T.C. Memo. 1995-393, affd. without                   
          published opinion 114 F.3d 1201 (11th Cir. 1997).  This Court has           
          stated:                                                                     
                    Quite plainly, the “origin-of-the-claim” rule does not            
               contemplate a mechanical search for the first in the chain             
               of events which led to the litigation but, rather, requires            
               an examination of all the facts.  The inquiry is directed to           
               the ascertainment of the “kind of transaction” out of which            
               the litigation arose.  Consideration must be given to the              
               issues involved, the nature and objectives of the                      
               litigation, the defenses asserted, the purpose for which the           
               claimed deductions were expended, the background of the                
               litigation, and all the facts pertaining to the controversy.           
          [Citations and fn. ref. omitted].                                           
          Boagni v. Commissioner, 59 T.C. 708, 713 (1973).                            
               Numerous documents related to petitioners’ legal expenses              
          were introduced into evidence in this case.  The bulk of these              






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