Delaware Corp., et al. - Page 49

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          Barber for that year that Delaware Corporation is not entitled to           
          deduct.                                                                     
               Ms. Barber recorded the Mitchums Creek deed and Mr. Barber             
          commenced litigation against her in the Middlesex Circuit Court             
          before he entered into the 1993 global agreement and the Mitchums           
          Creek contract with Delaware Corporation.  Mr. Barber commenced             
          that litigation against Ms. Barber in order to assert his inter-            
          est in the Mitchums Creek property, and not to protect any                  
          interest Delaware Corporation might have had in that property.              
          Moreover, the Middlesex Circuit Court did not award any interest            
          in the Mitchums Creek property to Delaware Corporation.  Instead,           
          that court ordered a rescission of the deed conveying Mr. Bar-              
          ber’s interest in that property to Ms. Barber and a so-called               
          equitable distribution of the Mitchums Creek property to both Mr.           
          Barber and Ms. Barber.                                                      
               On the record before us, we find that petitioners have                 
          failed to carry their burden of establishing that the legal fees            
          that Mr. Barber incurred in connection with the litigation with             
          respect to the Mitchums Creek property did not become his obliga-           
          tion to pay as the relevant legal services were rendered.  On               
          that record, we further find that petitioners have failed to                
          carry their burden of establishing that during 1994 Mr. Barber              
          intended to reimburse Delaware Corporation for its payments of              
          the legal fees with respect to the Mitchums Creek property.  On             






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