Gary Lee Colvin - Page 8

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          also Hillsboro Natl. Bank v. Commissioner, 460 U.S. 370, 380,               
          n.10 (1983) (citing Koch v. Alexander, supra).  Petitioner has              
          not shown that respondent abused his discretion here.                       
          Deductions for Legal Expenses                                               
               In the notice of deficiency respondent determined that                 
          petitioner has not shown that the legal expense deductions on               
          Schedules C of his 1997 and 1998 tax returns were deductible as             
          ordinary and necessary business expenses.                                   
               Petitioner contends that the law suit against the                      
          association, for which funds were expended, was intended to                 
          retrieve "taxable income" and tax losses and credits and                    
          therefore the expenses are deductible under section 212 or 216.             
          He argues in his brief:                                                     
               Petitioner's litigation with the PVHA was motivated by                 
               the desire to force the PVHA to provide a complete                     
               disclosure of its finances and accounting records so                   
               that Petitioner could not only accurately determine his                
               losses and thus his income tax liabilities, but to                     
               obtain his share of over $500,000 in misappropriated                   
               funds, tax credits, and non-exempt income.                             
          Petitioner further admonishes the Court to focus on "what that              
          effort would have ultimately produced if Petitioner had been                
          successful."                                                                
               Deduction Under Section 212                                            
               The Court must decide whether the legal fees petitioner                
          incurred are deductible under section 212, which provides:                  








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