James H. Leste and Stacy Leste, et al. - Page 16

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          are no constructive dividends to the individual petitioners; and            
          (3) the accuracy-related penalties under section 6662(a) relating           
          to this issue are not applicable.                                           
               The remaining issues for decision are: (1) Whether the Lestes          
          and the Moores are liable for accuracy-related penalties under              
          section 6662(a) for their failure to properly report bonus income           
          received from FAMC, and (2) whether FAMC is liable for the section          
          6662(a) accuracy-related penalty for claiming cost of goods sold of         
          $202,525 which the parties have agreed was improper.                        
               Section 6662(a) imposes a penalty on any portion of an                 
          underpayment that is attributable to negligence or disregard of             
          rules and regulations.  In the instant case, petitioners have               
          conceded that they are liable for the underlying deficiencies               
          resulting from the improperly reported bonus income and cost of             
          goods sold amounts.                                                         
               A taxpayer must establish error in the Commissioner's                  
          determination that he or she is liable for the penalty provided by          
          section 6662(a).  Rule 142(a); Estate of Monroe v. Commissioner,            
          104 T.C. 352, 366 (1995). Petitioners offered no evidence at trial          
          concerning the negligence penalties and failed to address the issue         


               8(...continued)                                                        
          Silbernagel under the consulting and noncompetition agreement               
          were his "fully earned draw" and that he could earn more but not            
          less than the agreed $15,000 per month "floor".  As noted                   
          previously, respondent did not challenge Silbernagel's assertion            
          that he reported all of the consulting fees received from FAMC as           
          ordinary income on his individual income tax returns, nor is                
          there any evidence that Silbernagel returned any of the payments            
          to FAMC.                                                                    


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