Mark O. Kaplan - Page 16

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          Silver Glen repaid a $49,000 loan to him in which he had no                 
          adjusted basis.  This tax reporting does not establish, however,            
          that petitioner made any economic outlay to Marc.                           
          V.  Legal Expenses                                                          
               Petitioner claims that during 1997 he paid from his personal           
          assets more than $350,000 of Marc’s expenses.  He claims that he            
          has been able to locate substantiation for only $70,454 of these            
          expenses; accordingly, he claims basis in Marc for this amount.13           
               Petitioner bears the burden of proving that he incurred the            
          claimed expenses, that they were paid to protect or enhance the             
          value of his investment in Marc, and that they were contributions           
          to Marc’s capital or loans to Marc.  Thomson v. Commissioner,               
          T.C. Memo. 1983-279, affd. without published opinion 731 F.2d 889           
          (11th Cir. 1984).  Although the record contains evidence that               
          legal bills aggregating $70,454 were paid during 1997, there is             
          no evidence that the legal bills were paid by petitioner or on              
          behalf of Marc.14  The parties have stipulated that the expenses            
          in question were “recorded by” Silver Glen and “reallocated by              
          adjusting journal entry” to Marc.  Petitioner has offered no                


               13 Petitioner concedes that he lacks the requisite proof for           
          the remainder of the alleged legal expenses and is therefore not            
          entitled to basis with respect thereto.                                     
               14 The invoices identify the matters involved only as                  
          “Kaplan v. Brown” and “Philip Wolin Litigation”.  The record                
          contains no explanation as to how such matters might relate to              
          Marc.                                                                       




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