- 30 - persuaded that petitioner’s management would have believed that current cash-flows would be insufficient to finance the company’s legal defense obligations to employees and contractors as they arose. Hagerman testified regarding concerns she had during TYE 8/31/89 that the company might become involved in protracted litigation costing several hundred thousand dollars as a result of liability under the Child Protection and Obscenity Enforcement Act. We do not believe her testimony establishes a specific and definite plan to prepare for such a lawsuit. She evidently possessed no clear idea of how provisions of the act might apply to petitioner and what challenging it would entail at the time.5 Nor does there appear to have been any reason to plan for litigation in determining whether to retain or distribute earnings at the close of TYE 8/31/89--or at the close of any subsequent taxable year--in light of the reassurances petitioner received from its attorneys in June 1989 about the Government’s decision not to pursue enforcement of the act. 5 When asked whether she anticipated a need to hold funds in reserve when she learned about the act, she replied: “My first inkling was we may have to fight this if we were somehow cited * * * because we weren’t complying with something that we knew nothing about.” “Anything when you fight the United States Government is going to cost hundreds of thousands of dollars it seems that way. It goes on and on for years.” There is no evidence that her thinking on this matter advanced beyond the initial stage of vague alarm and consternation she described.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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