- 43 - 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 orPage: 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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