Neonatology Associates, P.A., et al - Page 88




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            this where a corporation makes a cash distribution for the                                 
            benefit of a shareholder, even when, as is the case here, that                             
            shareholder is also an employee of the distributing corporation.                           
            Section 83 requires a transfer of property in connection with the                          
            performance of services, see sec. 83(a), and, as explained supra,                          
            such a requirement is not met in the case of a distribution.                               
            7.  Accuracy-Related Penalties                                                             
                  Respondent determined that each petitioner was liable for an                         
            accuracy-related penalty under section 6662(a) and (b)(1) for                              
            negligence or intentional disregard of rules and regulations.                              
            Petitioners argue that none of them are so liable.  Petitioners                            
            assert that they were “approached by various professionals” who                            
            introduced petitioners to the VEBA’s and that they invested in                             
            the VEBA’s relying on “tax opinion letters written by tax                                  
            attorneys and accountants and discussions with insurance                                   
            brokers”.  Petitioners assert that the accountants who prepared                            
            their returns agreed with the reporting position taken as to the                           
            contributions, as evidenced by the fact that the accountants                               
            prepared the returns in the manner they did.  Petitioners assert                           
            that many of the issues at bar are matters of first impression,                            
            which, petitioners conclude, means they cannot be liable for an                            
            accuracy-related penalty for negligence.                                                   


                  37(...continued)                                                                     
                  is applicable.  * * *                                                                





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