My co-owner was court ordered to buy out my half interest in a jointly owned rental property. I have incurred $20,000 in legal fees to get this partition action complete. I am assuming the $20,000 is a business expense since I was forced to the courts to get sale completed. I have a choice of settlement dates, 12/2014 or 1/2015. Since my legal fees occurred in 2014 would it be advantages to settle in 2014 and use the $20,000 as an expense or would it be better to settle in 2015 and use the $20,000 off my cost basis of property. Thank you.