- 8 - allowed for an unpaid expense that arises from a transaction that is not bona fide. We find that the Real McCoy’s alleged liability did not arise from a bona fide arm’s-length transaction. Rather, as the record reveals, the liability arose from a dubious transaction carried out in petitioner’s own mind and is not supported by economic reality. Petitioner’s attempt to use differing methods of reporting income in order to obtain this artificial deduction will not be permitted. For the above reasons, we hold that petitioners are not entitled to deduct the $15,000 as an accrued business expense under section 162. We, therefore, do not have to decide whether their method of accounting for that deduction clearly reflects income. We next consider whether petitioners are liable for the section 6662(a) accuracy-related penalty asserted against them. We hold that they are. Section 6662 imposes a penalty equal to a 20 percent portion of the underpayment attributable to, inter alia, negligence or disregard of rules or regulations. "Negligence" includes failure to make a reasonable attempt to comply with the law, and the term "disregard" includes careless, reckless, or intentional disregard. Sec. 6662(c). The penalty does not apply to any portion of an underpayment for which there was reasonable cause and with respect to which the taxpayer acted in good faith. Sec.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011