- 11 - 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 thesePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011