O'Malley v. Commissioner
United States Tax Court
P was a trustee of the Teamsters' Pension Fund. P was indicted for conspiring to bribe a U.S. Senator. The pension fund paid the legal fees P incurred in his unsuccessful defense of criminal prosecution. P did not take part in the trustees' vote to pay P's legal expenses but P did receive the benefits voted on by the other trustees. Held, P is subject to the excise tax imposed under sec. 4975(a), I.R.C. 1954.
1Opinion of the Court
Thomas O'Malley, Petitioner v. Commissioner of Internal Revenue, Respondent
O'Malley v. Commissioner
Docket No. 15051-89
United States Tax Court
96 T.C. 644; 1991 U.S. Tax Ct. LEXIS 30; 96 T.C. No. 24; 13 Employee Benefits Cas. (BNA) 2067;
April 15, 1991, Filed
Decision will be entered under Rule 155.
P was a trustee of the Teamsters' Pension Fund. P was indicted for conspiring to bribe a U.S. Senator. The pension fund paid the legal fees P incurred in his unsuccessful defense of criminal prosecution. P did not take part in the trustees' vote to pay P's legal expenses but P did receive the benefits…
2Cases cited8 opinions
- Central States, Southeast & Southwest Areas Pension Fund v. Central Transport, Inc.Supreme Court of the United States · 1985
- United States v. Roy L. Williams, Thomas F. O'malley, Andrew G. Massa, Joseph LombardoCourt of Appeals for the Seventh Circuit · 1984
- Donovan v. MazzolaCourt of Appeals for the Ninth Circuit · 1983
- O'Malley v. CommissionerUnited States Tax Court · 1988
- Rutland v. CommissionerUnited States Tax Court · 1987
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