Lenward C. Hood and Barbara P. Hood - Page 2




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                    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, and             







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