Lenward C. Hood and Barbara P. Hood - Page 6




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          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.                                                                       





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