Peters, Gamm, West & Vincent, Inc., Richard L. West, Judith L. West, Marc A. Vincent, Deborah S. Vincent, Gary L. Gamm and Connie F. Gamm - Page 15

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               Petitioners have introduced evidence that there would have             
          been injurious consequences to the business reputation of PGWV if           
          the SEC prevailed.  Although we are instructed by Boagni v.                 
          Commissioner, supra, to consider all the facts and circumstances,           
          we are bound by the rule established by United States v. Gilmore,           
          supra, to look to the origin of the underlying claim, and not the           
          consequences.  The origin of the claim herein was not in the                
          trade or business of PGWV, but rather in Peters' separate                   
          activities.  The legal expenses were incurred defending a claim             
          which had its origin in a transaction that was not part of PGWV's           
          business and which benefited Peters personally.  We find that the           
          claim did not arise in the trade or business of PGWV, and                   
          therefore the amounts in question are not deductible as legal               
          fees by PGWV under section 162(a).  To this extent, respondent's            
          determination is sustained.                                                 
          2.  Deductibility of the Fees by PGWV as Compensation to Peters             
               Having concluded that the amounts in question are not                  
          deductible by PGWV as legal fees, we now consider petitioners'              
          contention that payment of such fees is deductible by PGWV as               
          compensation to Peters.5  Section 162(a)(1) allows a deduction              
          for reasonable salaries or compensation for personal services               
          actually rendered.  Such payments are deductible only if they               
          were made with the intention to compensate.  Paula Constr. Co. v.           


          5  This issue was raised by petitioners other than Mr.                      
          Peters in this case.                                                        



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