William J. and Sandra D. Heitz - Page 25

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               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) with               








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