9 percent of the firm's business, was valued at around $100 million and later grew to almost $500 million. Trustees of the KPERS fund informed IMG at a public meeting that the fund would no longer utilize the services of PGWV if Peters were found to have committed any of the alleged insider trading or any other wrongdoing. PGWV claimed as a deduction legal fees in the amounts of $128,854.71, $198,431.67, and $135,659.23 in computing its net income on its subchapter S return for the tax years 1988 through 1990, respectively. Respondent disallowed $123,103, $190,245, and $128,131 of those amounts in her timely notices of deficiency, stating that it had not been established that those amounts were for ordinary and necessary business expenses, rather than nondeductible business expenses of Peters. The pro rata share of such deductions claimed by petitioners on their income tax returns was disallowed. Respondent has conceded that the amounts claimed as legal fees were paid by PGWV. OPINION The primary issue is whether PGWV, in computing net income for subchapter S purposes, may deduct legal fees incurred in defending an action brought by the SEC against petitioner Peters, one of the shareholders of PGWV. Section 162(a) allows a taxpayer to deduct ordinary and necessary expenses paid or incurred in carrying on a trade or business. If we determine that the amounts in question are not deductible as legal fees, wePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011