- 8 - 145, 153 (1928).” O’Malley v. Commissioner, 91 T.C. 352, 361-362 (1988). In determining whether such expenses are deductible, we must focus on “the origin and character of the claim with respect to which [the] expense was incurred”. United States v. Gilmore, supra at 49. In support of his position that he is entitled to deduct in the 1999 Schedule C the $5,000 claimed legal expense, petitioner testified: It was in the process of building up my business. I was in computer consulting, computer software, and it was computer equipment that I had tried to purchase at a slight discount. Petitioner did not present any other evidence in support of his position with respect to the $5,000 claimed legal expense. On the instant record, we find that petitioner has failed to carry his burden of establishing that the criminal proceeding in which Mr. Christie represented petitioner arose in connection with or proximately resulted from a business or profit-seeking activity of petitioner. On that record, we further find that petitioner has failed to carry his burden of establishing that the origin and the character of the claim with respect to which the $5,000 claimed legal expense was incurred was a business or profit-seeking activity of petitioner. On the record before us, we find that petitioner has failed to carry his burden of establishing that he is entitled to deduct in the 1999 Schedule C the $5,000 claimed legal expense.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007