Variety Club Tent No. 6 Charities, Inc. - Page 31

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          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.  Under              




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