P. David Musgrave and Barbara J. Musgrave - Page 26

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          penalty applies because of petitioners' substantial                         
          understatement of tax.                                                      
               As to the portion of the underpayment resulting from our               
          holding that the S Corporation is not entitled to the entire                
          amount deducted for attorneys' fees, although we calculate that             
          no substantial understatement of tax exists, we conclude that               
          petitioners have not established that they kept adequate books              
          and records.  Sec. 6662; sec. 1.6662-3(b)(1), Income Tax Regs.              
          As evidence of the propriety of the deduction of attorneys' fees,           
          petitioners rely only on petitioner's own belief, "supported" by            
          the testimony of one of the attorneys who rendered services, that           
          the "vast majority" of the attorneys' fees were incurred in                 
          connection with the embezzlement suit.  Petitioners, however,               
          produced no bills or checks documenting the nature of the $34,226           
          claimed as a deduction for attorneys' fees.  Moreover, Mr.                  
          Cramer's testimony was far from conclusive as to the amount of              
          fees attributable to the embezzlement suit.  Consequently, we               
          conclude that petitioners have not satisfied the requirements of            
          section 1.6662-3(b)(1), Income Tax Regs.                                    
               Nevertheless, no penalty may be imposed pursuant to section            
          6662 if petitioners establish that there was a reasonable cause             
          for the portion of the underpayment and that they acted in good             
          faith with respect to such portion.  Sec. 6664(c)(1).  In light             
          of the experience, knowledge, and education of petitioner, a                
          certified public accountant, we believe that he should have kept            




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