Gerry M. Griggs - Page 20

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               Another deduction claimed on Schedule C of petitioner’s                
          income tax return for 2000 was $18,508 for legal and professional           
          services.  This amount represented a payment by petitioner on               
          August 28, 2000, to a Houston, Texas, law firm, Baker & Botts.              
          The memorandum line on the check issued for payment of these                
          services indicates that the payment was for “C&C Litigation”.               
          Respondent does not dispute that petitioner paid the legal                  
          expenses but contends there is no evidence that the payments were           
          related to petitioner’s trade or business.  Respondent argues               
          that the expenses should, instead, be claimed as an itemized                
          deduction on Schedule A of petitioner’s return.                             
               The record shows that the litigation expenses related to C&C           
          Partners arose out of the default on the debt of Kirshner Content           
          that petitioner had guaranteed.  As a result, petitioner,                   
          Thurmond, and Licht were all required to satisfy guarantees that            
          they had given in connection with the interim financing for                 
          Kirshner Content.  Petitioner and Thurmond credibly testified               
          that the litigation continued until at least 2000 and that they             
          still owed money to the law firm.  Accordingly, the Court finds             
          that the litigation was proximately related to petitioner’s trade           
          or business and holds that the fees for legal and professional              
          services are allowable as a business expense deduction and not as           
          a Schedule A deduction.  Petitioner is sustained on this issue.             








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