Thomas B. Drummond - Page 56

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          to show that any reliance on Mr. McVeigh with respect to the                
          erroneous use of the 25-percent limit, rather than the 15-percent           
          limit, in computing the deductions relating to his SEP contribu-            
          tions for 1989 and 1991 was reasonable or in good faith.  Conse-            
          quently, we sustain respondent's determinations imposing the                
          accuracy-related penalty on the portion of the underpayment for             
          each such year that is attributable to that error.                          
                         Petitioner's Failure to Pay Excise                           
                         Tax on Excess Contributions to the SEP                       
               Respondent determined that petitioner is liable for each of            
          the years at issue for the accuracy-related penalty under section           
          6662(a) on the underpayment of excise tax attributable to peti-             
          tioner's excess contribution to the SEP for each such year on the           
          ground that each such underpayment is attributable to a substan-            
          tial understatement of income tax within the meaning of section             
          6662(d).  Respondent's determinations are wrong.  The under-                
          payment of excise tax for each of the years at issue is not                 
          attributable to a substantial understatement of income tax for              
          each such year within the meaning of section 6662(b)(2) and (d).            
          See sec. 6662(b)(4), (d)(1)(A); secs. 1.6662-4(a), 1.6664-2(b),             
          Income Tax Regs.  Consequently, we reject respondent's determina-           
          tions imposing the accuracy-related penalty on the underpayments            
          of excise tax for the years at issue.                                       
               To reflect the foregoing and the concessions of the parties,           

                                             Decision will be entered                 





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