PMT, INC. - Page 35

                                        -  -35                                           
               Based on the record, we find that the amount of Mrs.                   
          Penalba's compensation attributable to production was de minimis.           
          We, therefore, conclude that 75 percent of the amount of                    
          reasonable compensation we have determined for Mr. Penalba is               
          subject to the provisions of section 263A, but that none of Mrs.            
          Penalba's compensation is subject to the provisions of section              
          263A.                                                                       
               The final issue is whether petitioner is liable for an                 
          accuracy-related penalty pursuant to section 6662(a).  Section              
          6662(a) imposes an accuracy-related penalty of 20 percent on any            
          portion of an underpayment of tax which is attributable to items            
          set forth in section 6662(b).  Respondent contends that either              
          negligence or substantial understatement of tax applies in the              
          instant case under section 6662(b)(1) and (2).                              
               Negligence includes any careless, reckless, or intentional             
          disregard of rules and regulations, any failure to make a                   
          reasonable attempt to comply with the provisions of the law, and            
          any failure to exercise ordinary and reasonable care in the                 
          preparation of a tax return.  Zmuda v. Commissioner, 731 F.2d               
          1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982).                       
               Section 6662(b)(2) specifies as one of those items "Any                
          substantial understatement of income tax".  An understatement is            
          substantial if it exceeds the greater of 10 percent of the tax              
          required to be shown on the return, or, for a corporation,                  
          $10,000.                                                                    




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