William L. McCurley and Victoria J. McCurley, et al. - Page 10

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          shareholder with tax-free and interest-free access to profits               
          attributable to policies issued through the shareholder's                   
          dealership.  Messrs. McCurley and Hall would not repay their                
          advances unless it was in their economic interests to do so.                
          Petitioners have not persuaded us that it would ever be in their            
          economic interests to repay these advances.  Mr. McCurley, Mr.              
          Hall, and SDI viewed the advances as permanent distributions with           
          the understanding that there was a remote possibility that SDI              
          would demand repayment.  Accordingly, we hold that the advances             
          to Messrs. McCurley and Hall were constructive dividends.                   
          II.  Penalties and Addition to Tax                                          
               A.  Section 6662 Penalties for Negligence                              
               Section 6662(a), applicable to the McCurleys' 1991 and 1992            
          tax years and the Halls' 1989, 1990, and 1991 tax years, provides           
          for an accuracy-related penalty equal to 20 percent of the                  
          portion of any underpayment to which the section applies.  The              
          section applies to, among other items, the portion of an                    
          underpayment attributable to negligence or disregard of rules or            
          regulations.  Sec. 6662(b)(1).  Negligence has been defined as              
          the lack of due care or failure to do what a reasonable and                 
          ordinarily prudent person would do under the circumstances.                 
          Neely v. Commissioner, 85 T.C. 934, 947 (1985).  It includes the            
          failure to make a reasonable attempt to comply with the Internal            
          Revenue Code.  Sec. 6662(c).  Section 6664(c) states that the               
          accuracy-related penalty for negligence does not apply to any               




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