Stephanie Jane Hauge - Page 11

                                        -11-                                          
                                       OPINION                                        
          A.   Contentions of the Parties                                             
               Petitioner individually, and as a 99.5-percent partner of              
          OMCC, contends that either OMCC or petitioner may deduct the                
          $625,000 settlement payment and the $83,202 in legal fees                   
          associated with the farm loan litigation because those amounts              
          were paid to protect OMCC’s ongoing business operations and its             
          reputation.3                                                                
               Respondent asserts that OMCC may not deduct the $625,000               
          settlement because, according to respondent, petitioner, not                
          OMCC, made the settlement payment.4  Alternatively, respondent              
          contends that neither OMCC nor petitioner may deduct the                    
          settlement payment or the legal fees in dispute because those               
          payments were capital expenditures made to defend or perfect                
          petitioner’s title to property.  Sec. 1.263(a)-2(c), Income Tax             
          Regs.                                                                       

               3   Petitioner argues that the burden of proof in this case            
          should be shifted to respondent under sec. 7491(a).  On the basis           
          of the stipulation of facts and the evidence presented at trial,            
          we decide this case according to the preponderance of evidence              
          without regard to the burden of proof.                                      
               4   Respondent contends petitioner may not argue that she              
          (instead of the partnership) may deduct the settlement payment              
          because that would be a new theory raised for the first time                
          after trial.  We disagree.  Petitioner raised the matter in her             
          petition, which gave respondent fair notice.  See Rule 31(a).               
          Respondent is not prejudiced because whether petitioner may                 
          currently deduct or must capitalize the settlement payment does             
          not require the presentation of any new or different evidence.              






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