Mack L. McCoy and Catherine McCoy - Page 8

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          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.           





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