Metro Leasing and Development Corporation - Page 28




                                       - 28 -                                         
          petitioner was availed of for the purpose of evading the income             
          tax on shareholders and is limited to accumulating, without                 
          imposition of accumulated earnings tax, no more than $250,000.              
          III.  Whether Petitioner Is Liable for Accuracy-Related Penalties           
          Under Section 6662(a) for 1995 and/or 1996                                  
               Section 6662(a) imposes an accuracy-related penalty if any             
          portion of an underpayment is attributable to negligence or                 
          disregard of rules or regulations or any substantial                        
          understatement of tax.  A substantial understatement for a                  
          corporation is an understatement that exceeds the greater of 10             
          percent of the tax required to be shown on the return or $10,000.           
          For 1995 and 1996, petitioner’s understatement may exceed the 10-           
          percent or $10,000 threshold.  The penalty will not apply to any            
          portion of an underpayment for which there was reasonable cause             
          for the position taken and the taxpayer acted in good faith.  See           
          sec. 6664(c).                                                               
               Respondent, focusing on the reasonable compensation                    
          question, contends that the Valentes did little or nothing to               
          earn the $240,435 and $460,000 salaries they were paid.  Although           
          we have concluded that the value of their services was less than            


               8(...continued)                                                        
          matters, no steps had been taken or evidence presented that                 
          corroborated these matters as established or reasonable needs.              









Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011