Eyefull Incorporated - Page 29

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          Hagerman testified regarding petitioner’s representation of the             
          six dancers in 1988.  She was asked how much she anticipated                
          their representation would cost at the time of their arrest.  She           
          replied:  “At the time I thought around $20,000 apiece if each              
          one had their own attorney if they didn’t want us to represent--            
          the corporation to represent them.”  When asked whether she meant           
          that petitioner was prepared to pay this amount, she confirmed              
          that that was not the case:  petitioner would have covered their            
          legal expenses only if they did not want their own individual               
          attorneys.  Thus, while we know that petitioner paid for the                
          dancers’ defense, we do not know how much petitioner’s management           
          expected this representation would cost.  The amount petitioner             
          actually spent to defend the dancers was clearly much less than             
          the amount Hagerman believed it would have cost the dancers to              
          secure their own representation.  The arrests occurred in June              
          1988, the trial June 1989.  On its Forms 1120 for TYE 8/31/88 and           
          TYE 8/31/89, petitioner reported aggregate legal expenses in the            
          amounts of $24,501 and $52,951, respectively.                               
               Petitioner presented no evidence that any amount was set               
          aside for the dancers’ defense.  Even if some specific amount was           
          set aside, this fact would not explain accumulations in any of              
          the taxable years at issue, since the evidence indicates that the           
          representation concluded before the end of the first of these               
          years.  Based on the amounts petitioner actually spent for the              
          dancers’ defense in TYE 8/31/88 and TYE 8/31/89, we are not                 




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