- 29 - assets were needed for an upcoming plant expansion. We recognize that there is no constructive receipt where the payor lacks the funds to make the payments. Estate of Noel v. Commissioner, 50 T.C. 702, 706-707 (1968). However, no evidence was presented that Exacto was indebted to any creditors or was financially impaired during the period in question. General statements concerning future expansions are insufficient to justify not applying the constructive receipt doctrine. Accordingly, there was constructive receipt, and we find for respondent on this issue. Issue 4. Accuracy-Related Penalty: Mr. and Mrs. Heitz Respondent determined that Mr. and Mrs. Heitz were liable for penalties under section 6662(a) and (b)(1) for each of the years in issue because they were negligent in failing to include the interest income on their returns. We sustain respondent's determination. In determining whether Mr. and Mrs. Heitz were negligent in the preparation of their returns, we take into account Mr. Heitz’ business experience. Wise v. Commissioner, T.C. Memo. 1997-135. Mr. Heitz, a sophisticated taxpayer, manipulated the timing of the interest payments in order to defer the recognition of income. Accordingly, petitioners Mr. and Mrs. Heitz are liable for the section 6662(a) penalties.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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