- 8 - 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:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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