Alondra Industries, Limited, d.b.a. Accent Insulation Company and Subsidiaries, et al. - Page 50

                                         50                                           
          Commissioner, 91 T.C. 265, 268-271 (1988), affd. on other issues            
          875 F.2d 377 (2d Cir. 1989).                                                
               We will not perform a similar adjustment for petitioners'              
          rental payments because Pertinax actually used the space that it            
          rented, even if it paid slightly more than respondent determined            
          was reasonable.  The evidence does not suggest to us, as it does            
          for the unreasonable compensation, that the parties' intent and             
          the economic substance was for funds to be transferred from the             
          corporate partners to Mr. Munro through the partnership.  We are            
          not overly troubled by the small amount of double taxation that             
          may result to the corporate partners from their having to pay tax           
          on their distributive shares of Pertinax's $3,136 rental                    
          deduction disallowance.                                                     
          Issue 7.  Additions to Tax                                                  
               (a) Negligence                                                         
               Respondent determined that petitioners Alondra and Edco are            
          liable for the additions to tax for negligence pursuant to former           
          section 6653(a)(1)(A) and (B).25  Section 6653(a)(1)(A) provides            
          an addition to tax for negligence or intentional disregard of               
          rules and regulations in the amount of 5 percent of the                     
          underpayment if any part thereof is attributable to negligence.             
          Section 6653(a)(1)(B) imposes an addition to tax in the amount of           

          25Repealed effective for returns whose due date (determined                 
          without regard to extensions) is after Dec. 31, 1989.  Omnibus              
          Budget Reconciliation Act of 1989 (OBRA 89), Pub. L. 101-239,               
          sec. 7721(c), 103 Stat. 2399.  The current provisions for returns           
          due after that date are to be found in current secs. 6662(a),               
          (b)(1), and (c).                                                            



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