-31- answered the complaint on behalf of petitioner and the three individuals. Relying on Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947), respondent contends that the November 28, 1986, payment to Climaco was for Climaco’s representation in connection with the answer Climaco filed to the May 11, 1987, complaint, and that this constitutes an inurement to Zeve and Popovic. Petitioner maintains that the $10,000 payment to Climaco was to compromise Climaco’s claim for “over $25,000 in legal fees for matters he had handled over the years”, unrelated to any criminal proceedings against Zeve or Popovic, and unrelated to the defense of the May 11, 1987, civil suit, which was not even filed until about 5� months after the $10,000 payment. We agree with petitioner’s conclusion. The period of years in issue ends on September 30, 1986. The $10,000 payment to Climaco was made nearly 2 months later. Respondent contends the payment was for Climaco’s work in filing an answer to a suit the complaint in which was filed almost 7� months after the end of the period before us. We conclude that, whether the payment was for future services in part to Zeve and Popovic, as respondent contends, or for prior unrelated services to petitioner, as petitioner contends, petitioner’s payment to Climaco was not an inurement of petitioner’s net earnings to any private shareholder or individual for any period in issue in the instant case. UnderPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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