Norman E. Duquette, Inc. - Page 43




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          payment.  We found that, in Hood, the shareholder "had the                  
          wherewithal to pay the legal fees associated with his criminal              
          defense."  We found that "while the incarceration of Mr. Hood               
          might have caused * * * [the corporation] to cease operations,              
          petitioners have not shown that * * * [the corporations’s]                  
          failure to pay the legal fees would have led to Mr. Hood’s                  
          incarceration."  Id. at 181-182.                                            
               There is no evidence in this case to contradict that Norman,           
          like Mr. Hood, was financially capable of paying the legal fees             
          associated with his criminal defense.  In both cases, the benefit           
          to the shareholder ("free legal representation for which * * *              
          [the shareholder] would otherwise have to pay to avoid                      
          incarceration and/or a felony conviction") outweighed any benefit           
          to the corporation making the payment.  Id. at 181.                         
               We, therefore, find that petitioner’s payment of the legal             
          fees was primarily for Norman’s, not petitioner’s, benefit and,             
          therefore, is nondeductible by petitioner.                                  
          VIII.  Accuracy-Related Penalty                                             
               Respondent determined a 20-percent accuracy-related penalty            
          under section 6662(a) and (b)(1) on account of negligence or                













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