- 20 - the taxpayer provides some rational basis upon which an estimate may be made. Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). In the instant case, respondent concedes that the S Corporation paid $34,226 in attorneys' fees during 1990. Consequently, we only consider whether petitioners have established that a portion of the attorneys' fees was incurred in defense of the embezzlement suit. At trial, Mr. Cramer and Mr. Tye, who provided the legal services and billed the attorneys' fees in issue, testified that, in their employment, they worked as a team but out of different offices. Mr. Cramer and Mr. Tye provided legal services beginning in December 1987, and Mr. Cramer continued to provide services until the trial of the instant case. Respondent argues that the embezzlement suit was concluded more than 17 months prior to the S Corporation's 1990 taxable year and that the record does not establish that the attorneys rendered any services in defense of the embezzlement suit during 1990, the year during which the attorneys' fees were paid. Respondent argues that the record, however, does establish that the attorneys performed substantial services in defense of the insurance suit during 1990. Petitioner, however, testified that "the vast majority" of Mr. Cramer's and Mr. Tye's time during the period from 1987 to 1990 was related to the embezzlement suit. Petitioner also testified that substantial legal fees were paid prior to 1990 butPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011