- 13 - within the scope of his employment. Petitioner violated his confidentiality agreement with Morgan Stanley by disclosing and using for his personal gain confidential information that he acquired through his employment. Respondent attempts to analogize petitioner’s actions to those of an employee who embezzles money from his employer. Repayment of embezzled funds is not an ordinary and necessary business expense of being an employee because an embezzler does not act in the course of his employment when taking the money. See, e.g., Yerkie v. Commissioner, 67 T.C. 388, 393-394 (1976); Morrison v. Commissioner, T.C. Memo. 1981-617; Whitler v. Commissioner, T.C. Memo. 1980-214. Petitioner’s use and disclosure of the insider information was not in connection with or furtherance of his employment or for a business purpose of his employer, Morgan Stanley. Cf. O’Malley v. Commissioner, 91 T.C. 352, 363-364 (1988) (bribery charge against taxpayer related to his employment because bribe advanced purposes of employer although taxpayer's employer did not instruct him to offer bribe). While petitioner’s sale of insider information was facilitated by his employment, it was not directly or proximately related to his job at Morgan Stanley. Petitioner is not entitled to deduct the legal fees or disgorgement as business expenses of being a financial analyst.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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