- 42 - VII. Legal Fees On the 1994 tax return, under the heading other deductions, petitioner deducted $57,862.03 for “Professional Fees”. Remaining in dispute is the amount of $33,842 paid by petitioner to a law firm in Washington, D.C. (the legal fees), for representation of Norman in connection with the criminal investigation. Petitioner argues that payment of the legal fees is deductible as an ordinary and necessary expense of petitioner’s incurred in its business because an unfavorable result to the criminal investigation “would have destroyed petitioner’s ability to remain in business by depriving the Petitioner of its key employee.” Respondent argues that petitioner’s payment of Norman’s legal fees was a constructive dividend to Norman. The issue presented herein is identical to that recently considered by this Court in Hood v. Commissioner, 115 T.C. 172 (2000). Hood concerned the deductibility of legal fees paid by a corporation on behalf of its sole shareholder and key, indispensable employee in connection with his indictment for criminal tax evasion relating to his operation of the same business prior to incorporation. In Hood, we held that the corporation’s payment of legal fees constituted a nondeductible constructive dividend on the ground that the shareholder- employee, not the corporation, primarily benefited from suchPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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