- 49 - 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. OnPage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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