Daniel Francis Kelly, Jr. - Page 12




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          The taxpayer incurred legal expenses in defending the criminal              
          charges, which were later dropped.  Additionally, on the advice             
          of his attorneys, the taxpayer paid a specific amount to the                
          applicant and her husband in release of any potential claim of              
          civil liability in connection with the aforementioned series of             
          events.                                                                     
               In holding that the taxpayer's legal expenses, as well as              
          the settlement amount paid to the applicant and her husband, were           
          deductible by the taxpayer as ordinary and necessary business               
          expenses, the Court stated:                                                 

               We think it clear that both matters proximately                        
               resulted from petitioner's business as a branch                        
               manager, whose duties included interviewing prospective                
               outside subscription solicitors, and, if such prospects                
               were married women, to interview their husbands with                   
               the purpose of finding out whether the husbands                        
               approved such employment for their wives.  Petitioner                  
               placed himself in jeopardy by pursuing a proper                        
               business objective, i.e., visiting the home of the                     
               prospective employee and her husband in order to                       
               interview the husband with the objective already                       
               described. * * * [Clark v. Commissioner, supra at                      
               1335.]                                                                 

          In Clark v. Commissioner, supra, the Court held that the action             
          giving rise to the claims against the taxpayer were carried out             
          by the taxpayer in the course and scope of his employment and for           
          a legitimate business purpose.  In the instant case, there are              
          attendant facts that did not exist in Clark, satisfying this                
          Court that the actions giving rise to Ms. Doe's claim of sexual             
          assault were carried out by petitioner not within the course of             



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