Jerry and Patricia A. Dixon, et al. - Page 30

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               DeCastro obviously represented the Thompsons in “proceedings           
          involved in determining the extent of tax liability or in                   
          contesting * * * tax liability.”  The Thompsons hired him to                
          resolve their tax problems.  He did so, not only by negotiating             
          the settlements with McWade but also by appearing on behalf of              
          the Thompsons at the trial of the test cases in 1989.                       
          Additionally, after respondent had discovered and disclosed the             
          misconduct of respondent’s counsel, DeCastro successfully                   
          enforced the terms of the new settlement, over respondent’s                 
          objections, in the Tax Court.  The Thompsons’ payments to                   
          DeCastro clearly satisfy the definition of deductible legal fees.           
               Petitioners complain that, in view of DeCastro’s fraudulent            
          deal with McWade, DeCastro’s legal fees fail to meet the                    
          statutory requirement that they be “ordinary and necessary”                 
          expenses of the Thompsons.  Petitioners’ complaint ignores the              
          Supreme Court’s holding in Commissioner v. Tellier, 383 U.S. 687            
          (1966), that legal fees otherwise qualifying as ordinary and                
          necessary expenses are deductible without regard to public policy           
          objections.  Although DeCastro appears to have participated in              
          the fraud on the court, his fees remain deductible for tax                  
          purposes; the basic proposition is that “the federal income tax             
          is a tax on net income, not a sanction against wrongdoing.”  Id.            
          at 691.  Moreover, “With respect to deductions, the basic rule,             
          with only a few limited and well-defined exceptions, is the                 






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