Stephanie Jane Hauge - Page 2

                                         -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.                                                              




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