Haas & Associates Accountancy Corporation - Page 12




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               No credible evidence refutes the income character of the                  
          $151,000.  Haas received the additional 8.26-percent stock                     
          interest in DP that was valued at $151,000 and treated as                      
          nonemployee compensation.  Haas agreed to report and did report                
          the $151,000 on his and his wife’s 1993 joint Federal income tax               
          return as taxable income.  Petitioners have not provided adequate              
          evidence to support the recharacterization of the $151,000 as                  
          nontaxable income.                                                             
              Under section 6662(a), a penalty is imposed equal to 20                   
          percent of the portion of the underpayment that is attributable                
          to a substantial understatement of income tax (namely, an                      
          understatement for a year in excess of 10 percent of the amount                
          required to be shown on the Federal income tax return or $5,000).              
          See sec. 6662(d)(1).  However, if the taxpayer has substantial                 
          authority for the tax return position, the penalty does not                    
          apply.  See sec. 6662(d)(2)(B)(i).  We have disallowed the                     
          $63,500 claimed deduction relating to consulting services                      
          primarily on grounds of petitioners’ burden of proof.  We believe              
          that petitioners, on the limited facts in evidence relating to                 
          this issue, had a reasonable basis for claiming a current                      
          ordinary deduction for the $63,500 relating to the consulting                  
          services.  We do not sustain the section 6662(a) penalty.                      










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