John H. Miner and Holly K. Miner - Page 22




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               Petitioners tried to show that payments of these expenses              
          are capital contributions to Cost Less.  Bailey testified that he           
          credited the estimated amount of the payments to petitioner's               
          equity account in the corporation.  Bailey did not say when or              
          how he credited petitioner's equity account.  Bailey did not                
          begin doing accounting work for Cost Less until 1993, which is              
          after the years in issue.  Petitioners offered no accounting                
          records into evidence.  We are not convinced that the expenses              
          were capital contributions to Cost Less.                                    
               The result would be no different even if petitioners had               
          shown that the expenses were capital contributions to Cost Less.            
          Petitioners have not substantiated the expenses or shown that               
          those expenses were ordinary and necessary expenses of Cost Less            
          as required under section 162.  To the extent that petitioner               
          paid for meals, petitioners have failed to show that they                   
          complied with section 274(d).                                               
               We conclude that neither Cost Less nor petitioners may                 
          deduct these amounts.                                                       
          E.   Negligence                                                             
               Petitioners contend that they are not liable for the                   
          addition to tax for negligence under section 6653(a)(1) for 1988            
          and section 6662 for 1989 and 1991 because they relied on Bailey.           
               Respondent contends that petitioners may not rely on Bailey            
          because, in retaining Bailey and following his advice,                      






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