-2- Petitioner held a 99.5-percent partnership interest in O.M. Cook Co. (OMCC), a partnership engaged in the business of grass seed production. In the notice of deficiency, respondent disallowed (1) a $625,000 deduction that OMCC claimed with regard to the settlement of a lawsuit, and (2) an $83,202 deduction that OMCC claimed for legal and professional fees related to the lawsuit. In the lawsuit, which the United States brought to recover unpaid debts incurred by another farming partnership, the United States sought recovery against OMCC’s assets and petitioner’s nonbusiness assets. The issue for decision is whether OMCC or petitioner may deduct or must capitalize all or part of the $625,000 settlement payment and the $83,202 payment for legal and professional fees. We hold that OMCC may deduct a portion of each payment and that petitioner must capitalize the remaining portions of both payments. FINDINGS OF FACT Some of the facts have been stipulated and are so found.2 Petitioner resided in Independence, Oregon, when she filed the petition. 2 Unless otherwise indicated, section references are to the Internal Revenue Code as amended and in effect during the year in issue and Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011