- 2 - Held, further, because the payment of legal fees primarily benefited H, it is a constructive dividend to H and not deductible by HIF. To the extent Jack’s Maintenance Contractors, Inc. v. Commissioner, T.C. Memo. 1981-349, is inconsistent with this holding, it is not followed. Held, further, because the legal fees were Mr. Hood’s obligation, HIF may not deduct the expenses of another; Lohrke v. Commissioner, 48 T.C. 679 (1967), distinguished. To the extent Jack’s Maintenance Contractors, Inc. v. Commissioner, supra, is inconsistent with this holding, it is not followed. Philip L. Kellogg, for petitioners. Alan R. Peregoy, for respondent. GALE, Judge: These cases were consolidated for trial, briefing, and opinion. Respondent determined the following deficiencies and accuracy-related penalties for petitioners Lenward C. and Barbara P. Hood’s 1991 (calendar) taxable year and for petitioner Hood’s Institutional Foods, Inc.’s, taxable year ended June 30, 1991: Sec. 6662(a) Petitioner Deficiency Penalty Lenward C. & Barbara P. Hood $4,385 $877 Hood’s Institutional Foods, Inc. 41,196 8,239 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years in issue, andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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