Legal Opinion

Hood v. Commissioner

United States Tax Court

Decided August 25, 2000No. 4160-97; No. 4161-97Published

H operated a sole proprietorship, and later incorporated HIF, which assumed the business of the sole proprietorship. H was sole shareholder and president, and indispensable to the success, of HIF. After HIF was incorporated, H was indicted and tried for criminal tax evasion and false declaration arising from the alleged failure to report income from the sole proprietorship. HIF paid legal fees for H's defense of the criminal charges.

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H operated a sole proprietorship, and later incorporated HIF, which assumed the business of the sole proprietorship. H was sole shareholder and president, and indispensable to the success, of HIF. After HIF was incorporated, H was indicted and tried for criminal tax evasion and false declaration arising from the alleged failure to report income from the sole proprietorship. HIF paid legal fees for H's defense of the criminal charges. HELD, the facts of the instant cases are not materially distinguishable from the facts of Jack's Maintenance Contractors, Inc. v. Commissioner, T.C. Memo…

1Opinion of the Court

LENWARD C. HOOD AND BARBARA P. HOOD, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent HOOD'S INSTITUTIONAL FOODS, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Hood v. Commissioner

No. 4160-97; No. 4161-97

United States Tax Court

115 T.C. 172; 2000 U.S. Tax Ct. LEXIS 60; 115 T.C. No. 14;

August 25, 2000, Filed

Decisions will be entered under Rule 155.

Reviewed by the Court.

WELLS, CHABOT, COHEN, PARR, RUWE, WHALEN, COLVIN, HALPERN, BEGHE, CHIECHI, FOLEY, VASQUEZ, THORNTON, and MARVEL, JJ., agree with this opinion.

2Concurrence · LaroLaro, J.

H operated a sole proprietorship, and later incorporated

HIF…

Also in this document: Concurrence · Laro.

3Cases cited22 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  3. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  4. United States v. GilmoreSupreme Court of the United States · 1963
  5. Electric & Neon, Inc. v. CommissionerUnited States Tax Court · 1971

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