Stephanie Jane Hauge - Page 14

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          much (if any) of her $275,000 payment petitioner may deduct or              
          must capitalize.                                                            
               1.   Principles for Deducting Legal Fees and Expenses Under            
                    Sections 162 and 212 and the Origin of the Claim                  
                    Doctrine                                                          
               A taxpayer who is carrying on a trade or business may deduct           
          ordinary and necessary expenses incurred in connection with the             
          operation of the business.  Sec. 162.  Similarly, ordinary and              
          necessary expenses incurred in connection with an activity                  
          conducted for the production or collection of income, or for the            
          management, conservation, or maintenance of property held for the           
          production of income, are deductible if the taxpayer itemizes his           
          or her deductions.  Sec. 212.  To be deductible under section 162           
          or 212, an expense must be directly connected with or proximately           
          result from the taxpayer's business or an activity conducted for            
          the production or collection of income.  Kornhauser v. United               
          States, 276 U.S. 145, 153 (1928); Madden v. Commissioner, 514               
          F.2d 1149, 1150 (9th Cir. 1975), revg. 57 T.C. 513 (1972);                  
          Stevens v. Commissioner, T.C. Memo. 1999-259.                               
               Personal, living, and family expenses, on the other hand,              
          generally may not be deducted.  Sec. 262(a).  In addition,                  
          expenses that would otherwise be deductible under section 162 or            
          212 are not currently deductible if they are capital.  Secs. 263,           
          261, 161; Woodward v. Commissioner, 397 U.S. 572, 575-576 (1970);           
          BHA Enters., Inc. v. Commissioner, 74 T.C. 593, 599 (1980).                 






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