- 3 - under section 6662(b)(1) for negligence or disregard of rules and regulations; and (c) GAPS and JJM for additions to tax under section 6655 for failure to pay estimated tax. We hold that: (1) GAPS and JJM are not entitled to any additional expense deductions; (2) the payments by GAPS and JJM were corporate distributions--dividends to the extent of earnings and profits, returns of capital to the extent of petitioner's basis in his shares, and capital gains as to the remaining amounts; and (3) the respective petitioners are liable for the additions to tax and penalty, in amounts to be determined by Rule 155 computations. FINDINGS OF FACT The parties have stipulated some of the facts, and the stipulations of facts and attached exhibits are incorporated in this opinion. Petitioners Jerome J. and Joanne L. Mancuso resided in Glenview, Illinois, when they filed their petition in this case. GAPS and JJM maintained their principal places of business in Arlington Heights, Illinois, when they filed their petitions. At all relevant times, petitioner was the sole shareholder and director and president of both GAPS and JJM, which were accrual basis taxpayers. Petitioner and Joanne L. Mancuso are cash basis taxpayers. Petitioner has been an insurance agent/broker since 1969. Prior to 1986, petitioner conducted his insurance business as aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011