Capital Video Corporation - Page 12




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          a constructive dividend and with additional income from Capital             
          Video relating to the legal fees Capital Video paid, he should be           
          deemed to have incurred the legal fees, and the legal fees should           
          be treated as his miscellaneous business expenses.                          
               The analysis herein to the effect that the legal fees in               
          dispute do not constitute ordinary and necessary business                   
          expenses of Capital Video also applies to Guarino’s argument that           
          the legal fees should be deductible ordinary and necessary                  
          business expenses to him.  Guarino has not shown a sufficient               
          business nexus to the legal fees for the fees to qualify as                 
          ordinary and necessary business expenses to him.2   We reject               
          Guarino’s argument as to his entitlement to miscellaneous                   
          itemized business expense deductions relating to the legal fees             
          paid by Capital Video.                                                      

          Sec. 6662 Penalties                                                         
               Under section 6662, a penalty of 20 percent is imposed on              
          any portion of an understatement of tax attributable to                     
          negligence or to disregard of the rules or regulations.  For                
          purposes of section 6662(a), negligence constitutes a failure to            
          make a reasonable attempt to comply with the Internal Revenue               
          Code.  Sec. 6662(c).                                                        



          2    Petitioners make no argument that respondent has the burden            
          of proof under sec. 7491.                                                   





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Last modified: May 25, 2011