- 11 - 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, hePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011