- 25 - For returns with a due date after December 31, 1993, the item must be adequately disclosed and there must be a reasonable basis for the tax treatment of such item. The test to determine whether there was a reasonable basis for the taxpayer's position is the same standard used to determine whether the taxpayer was negligent under section 6662(b)(1). Sec. 1.6661-3(a)(2), Income Tax Regs. Accordingly, petitioner's understatement for FY 1994 will be evaluated using the negligence standard under section 6662(b)(1). Respondent determined accuracy-related penalties against all the adjustments made in the notice of deficiency. Petitioner has conceded the penalties as to all adjustments with the exception of the adjustment to the compensation to Mr. Heitz. Considering the facts of this case, we find that petitioner has shown that approximately 70 percent of the amounts claimed for salary and bonuses paid to Mr. Heitz was reasonable. Evaluation of whether petitioner had a reasonable basis in the claimed deductions is a factual pursuit. The range of reasonableness for Mr. Heitz’ compensation was particularly difficult to determine in this case given his unique skills and ability. Considering the circumstances of this case, we find that petitioner is not liable for the accuracy-related penalties under section 6662(a) withPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011