- 28 - presented no evidence to show that they acted with reasonable cause or good faith.11 Therefore, we find that the accuracy- related penalty under section 6662(a) applies to the underpayment of tax associated with this settled issue. In regard to the $40,000 deducted by the corporation as consulting fees, we have upheld respondent's determination. After thoroughly reviewing the record in these cases, we find no persuasive evidence or argument that the corporation acted with reasonable cause or good faith with respect to this issue. On this record, we hold that the corporation negligently or intentionally disregarded rules or regulations with regard to the underpayment of tax associated with this issue. Accordingly, the accuracy-related penalty under section 6662(a) is sustained with respect to the underpayment of tax associated with this deduction by the corporation. Mr. Norwalk reported his allocable portion of the dividend ($16,680) on his return. Even though he did not characterize this amount as a dividend, the net effect of this was de minimis. We find that any understatement attributable to this was not due to negligence. Thus, Mr. Norwalk is not liable for the accuracy- related penalty under section 6662(a). Transferee Liability 11With respect to the adjustments in the notice of deficiency issued to Robert and Patricia DeMarta, the parties filed a stipulation of settled issues with this Court on Oct. 24, 1997.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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