Discussion:Legal Fees-DUI Defense

since he is attempting to protect his driving privileges which are necessary for his employment. I have never heard of such a thing. He is a businessman, not a truck driver. Has anyone ever claimed such a deduction?

Unfortunately, we as tax professionals are always having to bring our tax clients back to reality with the "bad news" and having to justify ourselves as to why these legal fees are not deductible for "tax" purposes.

It IS possible to get a DUI on a bicycle in some states, or so I've been told. In others, you can get a DUI if you are riding a horse whilst intoxicated. (You, not the horse.)In NM, DUI is possible on a snowmobile or in a motorboat.

I've yet to see DUI on a pogostick but I'm sure it's only a matter of time.

I have taken the position that a DUI is deductible for the businessman under either of these circumstances: A) if he got drunk with one of his customers while discussing business (today, this means discussing bankruptcy strategy), and as long as he only takes 50% of the amount of his drinks as a deduction, OR B) 100% of the cost of the DUI is deductible if you have a magnetic sign on your car with your business name on it, and you throw up on it before being arrested.

If you think I'm wrong about this, cite your code section, Regs., and all relavant cases in your defense.

I think we should get off the backs of these lawyers who are carrying the weight of the world on their shoulders right now, and concentrate on throwing all these EA's and CPA's in jail for the illegal practice of law which they seem to do every day without having a clue. I am authorized to state that the local chapters of the Daughters of the American Revolt and the Puerto Rican Legal Defense Squad are in unanimous agreement with my position on this subject, besides all the friends I have coffee with each morning at McDonalds.

1. Real estate sales people who tell clients 'all those settlement costs of buying your house are deductible,'

Anyone want to take on insurance men? Or brother-in-laws?

Riley2 - Many participants in this forum would argue that you are, in fact, king of the world.

While I drink with the best of them at times, I follow the DD rule or taxi rules - I am in just total disagreement.

Unfortunately, unless someone can come up with something more specific on this, I am going to have to break from Riley2's first post on this subject and disagree with his siding with Crow. Certainly fully agree with Riley2's second post.

There is no way under the sun that you can convince me that under rain, hell or high water that legal fees defending a DUI case can be classified as an ordinary and necessary business expense. It is totally unnecessary that someone needs to become inebriated while performing their job as a sales man or anything else. It is not even ordinary and necessary for one who tastes alcohol for a living to be operating a vehicle in public while drunk.

How many of you know someone who has been killed by a drunk driver - and your going to tell me that if they were "working" they can take a legitimate tax deduction for defending themselves! Not a chance in hell.

So a covered individual gets his lawyer free through the plan. Surely my insurance company can deduct the cost of providing the defense lawyer, right?

And the employer could deduct the cost of providing the insurance coverage as an employee benefit, right?

Or not?

(I THINK that the employee would have to include the value of the employer-paid plan premium in his W-2 income. I am unaware of any exemption for legal insurance like there is for life or medical.)

It's called common law...courts have always made law under our system (please tell Lindsey Graham for me), which we got from England.**

Though it's true that there is no federal common law (strictly speaking), the courts can do amazing things with these federal statutes if called upon to do so, and if you give them something to hang their hat on. And, that's as it should be because it's impossible for a legislature to forsee every possible application that a wiley EA or CPA can torture the law with!

.**members of the Elephant party, if you don't believe me, study the definitions for common law.

Suppose I murder someone at work (there's that perfume wearer in the next cubicle over) and will lose my job if I get convicted? Does that make the attorney fees deductible?

There was an episode of WKRP where Venus and Johnny drink on the air and show how their reflexes decreased the more they drank.

So if Venus or Johnny drove after the program and got a DUI, wouldn't that be related to their employment with the station?

Just thinking out loud.