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AMERICAN STORES CO. & SUBS. v. COMMISSIONER

Docket No. 13142-97.

114 T.C. 458 (2000)

AMERICAN STORES COMPANY AND SUBSIDIARIES, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed May 26, 2000.

Attorney(s) appearing for the Case

Fredrick J. Gerhart, Kevin M. Johnson, and Thomas Edward Doran, for petitioner.

Mark H. Howard, for respondent.

OPINION

RUWE, Judge:

Respondent determined deficiencies of $7,963,850 and $1,773,964 in petitioner's Federal income tax for its taxable years ending January 28, 1989, and February 3, 1990, respectively (hereinafter referred to as the 1989 and 1990 tax years). After concessions, the only issue for decision is whether petitioner may deduct or must capitalize legal fees and costs (legal fees) incurred in defending...

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