Eyefull Incorporated - Page 49

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          qualifications clearly were sufficient to warrant reliance upon             
          his judgment.  Yet without knowing what Shindel understood the              
          purposes for the accumulations to be and on what information this           
          understanding was based, we cannot conclude that petitioner                 
          reasonably and in good faith relied on his judgment.  Shindel               
          discussed the accumulated earnings problem with Mohney,                     
          petitioner’s de facto chief executive.  Counsel might have                  
          elicited from Shindel and/or Mohney testimony bearing on this               
          important question.  It remains, however, unanswered.  Petitioner           
          could not have underpaid its tax in good faith if, as section               
          533(a) requires us to presume, petitioner’s management permitted            
          corporate earnings to accumulate unreasonably in order to defer             
          shareholder-level withholding tax, and they were aware that this            
          motive subjected petitioner to liability for the accumulated                
          earnings tax.  Petitioner has not satisfied its burden of proof.            
          The accuracy-related penalty therefore applies.                             
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          














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