- 13 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011