- 16 - Because no evidence was introduced relating to the earnings and profits of Roy, Inc., the entire amount of the expenses paid by Roy, Inc. constitutes constructive dividends. Rule 142(a). Issue 3. Accuracy-Related Penalties The final issue for decision is whether the corporate and/or the individual petitioners are liable for the accuracy-related penalty, pursuant to section 6662, for negligence or disregard of rules or regulations or substantial understatement of tax. Respondent determined a penalty for the corporate petitioner for 1991, 1993, and 1994, and a penalty for the individual petitioners for each of the years in issue. Petitioners generally assert a reasonable cause defense. Section 6662 imposes a penalty equal to 20 percent of the amount of the underpayment attributable to negligence or disregard of rules or regulations or substantial understatement of tax. "Negligence" means any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code, and "disregard" means any careless, reckless, or intentional disregard. Sec. 6662(c). A substantial understatement of tax means an understatement of tax which exceeds the greater of 10 percent of the tax required to be shown on the tax return or $5,000. Sec. 6662(d)(1)(A).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011