- 26 - 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 keptPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011