United States v. Gilmore
United States v. Gilmore, 372 U.S. 39 (1963), was a federal income tax case before the United States Supreme Court. Background. In the course of a hotly contested divorce, the taxpayer had incurred substantial legal fees in defending against his wife's claim to ownership of a controlling interest in the family business. Had she succeeded, his principal source of livelihood—his salary as chief executive—might be jeopardized. Accordingly, he sought to deduct some of these fees for the "conservation ... of property held for the production of income." Opinion of the Court. Following its earlier  decision in "Lykes v. United States", the Supreme Court sustained the Commissioner in disallowing the deduction as a "family" expense under § 262. The Court reasoned that the deductibility of legal fees depends upon the origin of the litigated claim rather than upon the potential consequences of success or failure to the taxpayer's income status. Since the origin of the litigation was to be found in the taxpayer's marital difficulties, no deduction was allowable. From the Syllabus: