Gary Lee Colvin - Page 11

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          connection with what the legal expense arose, not what                      
          consequences might have resulted from the taxpayer's claim.  See            
          United States v. Gilmore, supra at 48; Patch v. Commissioner,               
          T.C. Memo. 1980-11.                                                         
               It is the determination of the Court that the expense here             
          arose in connection with the management, conservation, or                   
          maintenance of property held for use by petitioner as a personal            
          residence.  Assuming without deciding that an ultimate                      
          consequence of petitioner's litigation might have been the                  
          recovery of taxable income, or the determination, collection, or            
          refund of a tax, the claim for which the expense arose was not in           
          connection with those activities.  Petitioner was upset by what             
          he perceived to be the failure of the association to properly               
          manage, conserve, or maintain the condominium property where he             
          resided.  The suit in State court asked for nullification of                
          governing documents of the condominium and the CC&Rs, a stop to             
          perceived overcharges for maintenance assessments and water and             
          sewer services, and a direction that the association properly               
          maintain the common area around petitioner's condominium unit.              
               For the reasons stated above, the Court concludes that none            
          of the legal expenses for the State litigation were incurred in             
          connection with an activity described in section 212.                       
               Although petitioner might be entitled to deduct legal                  
          expenses incurred in connection with his former employment, he              






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Last modified: May 25, 2011