Robert T. and Mary F. Gow - Page 45




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          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 that             






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