115 T.C. No. 14 UNITED STATES TAX COURT LENWARD C. HOOD AND BARBARA P. HOOD, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent HOOD’S INSTITUTIONAL FOODS, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 4160-97, 4161-97. Filed August 25, 2000. H operated a sole proprietorship, and later incorporated HIF, which assumed the business of the sole proprietorship. H was sole shareholder and president, and indispensable to the success, of HIF. After HIF was incorporated, H was indicted and tried for criminal tax evasion and false declaration arising from the alleged failure to report income from the sole proprietorship. HIF paid legal fees for H’s defense of the criminal charges. Held, the facts of the instant cases are not materially distinguishable from the facts of Jack’s Maintenance Contractors, Inc. v. Commissioner, T.C. Memo. 1981-349, revd. per curiam 703 F.2d 154 (5th Cir. 1983). In light of the reversal by the Court of Appeals for the Fifth Circuit, we reconsider our holding.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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