Sklar, Greenstein & Scheer, P.C. - Page 2




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               payment of these plan expenses.  See sec. 1.404(a)-                    
               3(d), Income Tax Regs.  Held, further, accuracy-related                
               penalty under sec. 6662(a) sustained.                                  


               Leonard Bailin, for petitioner.                                        
               Rose E. Gole, for respondent.                                          


                                       OPINION                                        
               LARO, Judge:  The parties submitted this case to the Court             
          without trial.  See Rule 122.  Petitioner petitioned the Court to           
          redetermine respondent's determination of a deficiency in tax for           
          1993 of $118,964, and an accuracy-related penalty for negligence            
          under section 6662(a) of $23,793.                                           
               After concessions of the parties, we decide the following              
          issues:                                                                     
               1.  Whether petitioner may deduct legal fees of $97,274 paid           
          on behalf of its qualified pension plan and certain individuals.            
          We hold it may to the extent discussed herein.                              
               2.  Whether petitioner is liable for the accuracy-related              
          penalty for negligence under section 6662(a).  We hold it is.               
               Unless otherwise noted, section references are to the                  
          Internal Revenue Code in effect for the year in issue.  Rule                
          references are to the Tax Court Rules of Practice and Procedure.            








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