- 13 - is a nondeductible personal expense under section 262(a). We therefore find that petitioners have failed to substantiate the amount of deductible expenses, if any, incurred in connection with this malpractice suit. Sec. 6001; sec. 1.6001-1(a), (e), Income Tax Regs. The remainder of the expenses were incurred in connection with the malicious prosecution suit. Petitioners argue that this suit is related to petitioner’s former employment with NCSU. They assert that the underlying criminal charges against petitioner were brought as part of an ongoing conspiracy to deprive petitioner of his job. Petitioners, however, have not offered any credible evidence in support of this assertion. We have found that petitioners and the Wang family had been personal friends, and that Mr. Huang and Ms. Wang were together on the date of the alleged rape and assault because of this friendship. We accordingly find that the rape and assault charges arose from the personal relationship between Mr. Huang and Ms. Wang, and that the malicious prosecution action is likewise personal in nature. Thus, these legal expenses are nondeductible personal expenses. Sec. 262(a); United States v. Gilmore, supra. Pension and Annuity Income On their 1996 return, petitioners reported taxable pension and annuity income of $32,397. Respondent determined that petitioners had additional unreported pension and annuity incomePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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