- 6 - agreement with respondent in which it was agreed that Mr. and Mrs. Hood were liable for deficiencies and civil fraud additions to tax for, inter alia, tax years 1983 and 1984, the amount of which was paid by Mr. Hood personally.3 In separate statutory notices of deficiency issued to HIF and to the Hoods, respondent determined that HIF was not entitled to deduct the legal fees incurred during HIF’s taxable year ended June 30, 1991, to defend Mr. Hood (i.e., $103,187.91) and that Mr. and Mrs. Hood received a constructive dividend equal to the legal fees paid by HIF during calendar year 1991; namely, $86,279. OPINION The central issue in these cases is whether HIF may deduct the legal fees it paid for Mr. Hood’s defense against criminal tax evasion and false declaration charges arising from Mr. Hood’s reporting of the Schedule C, Profit or Loss From Business, income of a predecessor sole proprietorship. Respondent contends that HIF may not deduct the legal fees because their payment constitutes a constructive dividend to Mr. Hood and they otherwise do not qualify as ordinary and necessary business 3 We take judicial notice of the stipulated decision of this Court entered in the referenced case under which the Hoods agreed they were liable for deficiencies and additions to tax totaling $107,517 plus additional amounts computed as 50 percent of the interest on $6,105, $27,530, and $63,817 for 1983, 1984, and 1985, respectively, and were due an overpayment of $28,350 for 1986.Page: 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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