Legal Opinion

Sklar, Greenstein & Scheer, P.C. v. Commissioner

United States Tax Court

Decided August 13, 1999No. 11386-97PublishedCited by 8 opinions

P is a corporation which provides medical services and is a sponsor of a qualified deferred compensation plan (the plan). S, G, and E were petitioner's owners and employees. The plan, S, G, and E opened securities investment accounts with X. After sustaining substantial losses in their accounts, the plan, S, G, and E filed a complaint against X alleging breach of fiduciary duty and other claims. P was not a claimant in the litigation.

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P is a corporation which provides medical services and is a sponsor of a qualified deferred compensation plan (the plan). S, G, and E were petitioner's owners and employees. The plan, S, G, and E opened securities investment accounts with X. After sustaining substantial losses in their accounts, the plan, S, G, and E filed a complaint against X alleging breach of fiduciary duty and other claims. P was not a claimant in the litigation. The litigation spanned 4 years, and P paid nearly 50 percent of the litigation costs incurred because the four claimants lacked the funds. R determined that…

1Opinion of the Court

OPINION

Laro, Judge:

The parties submitted this case to the Court without trial. See Rule 122. Petitioner petitioned the Court to redetermine respondent’s determination of a deficiency in tax for 1993 of $118,964, and an accuracy-related penalty for negligence under section 6662(a) of $23,793.

After concessions of the parties, we decide the following issues:(1) Whether petitioner may deduct legal fees of $97,274 paid on behalf of its qualified pension plan and certain individuals. We hold it may to the extent discussed herein;(2) whether petitioner is liable for the accuracy-related penalty for…

2Cases cited15 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  4. Neely v. CommissionerUnited States Tax Court · 1985
  5. Commissioner v. HeiningerSupreme Court of the United States · 1943

10 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Johnson v. CommissionerUnited States Tax Court · 2000
  2. Kerman v. Comm'rUnited States Tax Court · 2011
  3. Cohan v. Comm'rUnited States Tax Court · 2012
  4. Dupont v. United StatesDistrict Court, D. Hawaii · 2009
  5. Johnson v. CommissionerUnited States Tax Court · 2000

3 more not listed; retrieve them via the Exa API.

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