Richard Orin Berge - Page 18

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          Orange, petitioner pleaded five causes of action.  Four of the              
          causes of action (breach of contract, fraud, conversion, and                
          specific performance) were related to an oral agreement between             
          petitioner and Ms. Wold.  The fifth cause of action was brought             
          for defamation, which allegedly resulted in damage to an intimate           
          personal relationship between petitioner and another individual.            
               It is obvious from the allegations in the complaint and                
          cross-complaint, the legal issues involved, the nature and                  
          objectives of the litigation, the background of the litigation              
          and all facts pertaining to the controversy, that the origin of             
          the lawsuit was of a personal nature and not proximately related            
          to petitioner’s trade or business.  Therefore, we sustain                   
          respondent’s determination on this issue.                                   
               We have considered all of the other arguments made by the              
          parties, and, to the extent that we have not specifically                   
          addressed them, we conclude they are without merit.                         
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                             Decision will be entered                 
                                        under Rule 155.                               












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