- 45 - legitimate business purpose. In Sanitary Farms Dairy, Inc., we found that “The cost of a big game hunt in Africa does not sound like an ordinary and necessary expense of a dairy business in Erie, Pennsylvania, but the evidence in this case shows clearly that it was and was so intended.” Id. at 467. Unlike here, in Sanitary Farms Dairy, Inc., we were satisfied from the evidence in the record that costs associated with the safari actually assisted in the marketing of the product line of the business. Thus, Sanitary Farms Dairy, Inc., is distinguishable from this case and offers no support to petitioners’ cause. In sum, we hold that WVI’s payments of petitioners’ expenses for trips to Key West and Hawaii, as well as WVI’s payments for the acquisition of the animal trophy collection, constitute constructive dividends to petitioners. Issue 4. Imposition of the Fraud or Accuracy-Related Penalty We now address whether petitioners are liable for the fraud penalty under section 6663(a) or alternatively the accuracy-related penalty under section 6662(a). Section 6662(a) imposes an accuracy-related penalty in an amount equal to 20 percent of the portion of the underpayment attributable to negligence or disregard of rules or regulations or to a substantial understatement of tax. However, if section 6663(a) is applicable, a penalty in an amount equal to 75 percent of the underpayment is imposed. Respondent relies primarily on the record in its entirety and concludes thatPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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