- 19 - 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.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011