-32- these circumstances we do not need to determine which side’s stated view of the facts is more likely to be correct. We hold for petitioner on this issue.11 (2B) Attorney’s Fees--Zerbini Respondent notes that petitioner paid $3,000 to Zerbini on August 13, 1986, for Zerbini’s representation in the already- unfolding criminal case. Relying on petitioner’s admission in a trial memorandum and the Wichita Terminal Elevator Co. doctrine, respondent contends that part of this payment was for Zerbini’s representation of Zeve in the criminal case. Respondent asserts that “petitioner’s payment of legal fees on behalf of its individual members and officers acting in their private capacity constitutes private inurement.” On brief, petitioner acknowledges that “Zerbini did provide some legal advice to Zeve in conjunction with the proceedings against Petitioner,” but contends that “Petitioner did not pay Zerbini for any legal advice given to Zeve.” Petitioner points out that “No criminal proceedings were ever instituted against * * * Zeve.” Petitioner contends that the payment to Zerbini was merely one of the “Ordinary and necessary expenses made in 11 We do not make any determination or state any conclusion in the instant opinion as to how Climaco’s joint representation of petitioner, Zeve, and Popovic in the 1987 civil proceeding might affect petitioner’s tax status for years after the last of the years in issue in the instant case.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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