- 31 - Therefore, his deductible expenses are allowed only under section 212. Additionally, petitioner contends that the $365,000 portion of his payment in satisfaction of Allied’s judgment, which constitutes exemplary damages, is deductible under section 162 or, in the alternative, under section 212. Respondent contends that, because petitioner is not carrying on a trade or business, he is not entitled to deduct the $365,000 payment for exemplary damages. Payment of punitive damages may be deductible under section 162. See Kornhauser v. United States, 276 U.S. 145 (1928) (legal expenses of taxpayer in defending against claim of former business partner held deductible); see also Stark v. Commissioner, T.C. Memo. 1999-1. Petitioner, however, has presented inadequate evidence to support his claim that the payment of punitive damages is deductible in these cases. There is insufficient evidence explaining the basis of the award against petitioner or to show that the expense was ordinary and necessary. Thus, the $365,000 payment to Allied is not deductible. Respondent’s Motion To Amend Answer Rule 41(a) allows for an amendment to the pleadings after a case has been placed on the trial calendar only “by leave of the Court or by written consent of the adverse party, and leave shallPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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