- 49 - 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.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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