- 118 - 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 thePage: Previous 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 Next
Last modified: May 25, 2011