Edman and Debbie Kay Hackworth - Page 13

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          this case because we are dealing with a forfeiture that does not            
          qualify as an ordinary and necessary business expense under                 
          section 162.  Furthermore, the allowance of a loss deduction in             
          this case would undermine the impact of South Carolina’s sharply            
          defined policy against illegal gambling.  Accordingly, Sullivan             
          and Tellier are inapposite.                                                 
               In Grossman & Sons, Inc. v. Commissioner, supra, we                    
          considered a situation in which a taxpayer sought a deduction for           
          the amount that it had paid to the United States in settlement of           
          a proceeding under the False Claims Act, 31 U.S.C. secs. 231-233            
          (the 1952 version).  After examining the record of the settlement           
          negotiations and the settlement agreement between the United                
          States and the taxpayer, we concluded that this payment was made            
          to reimburse the Government for its damages for breach of                   
          contract and was not a penalty or forfeiture.  We also examined             
          the False Claims Act and concluded that the Act was partly                  
          remedial and compensatory in nature and partly punitive.  Based             
          upon that conclusion, we rejected the argument that no amounts              
          paid or incurred in satisfaction of claims of the United States             
          under the False Claims Act, whether by judgment or by settlement,           
          were deductible because of public policy.  Accordingly, we                  
          allowed the taxpayer to deduct the settlement amount as an                  
          ordinary and necessary business expense under the pre-1969                  
          version of section 162.                                                     






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