Neonatology Associates, P.A., et al - Page 94




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            be “major” from the point of view of accepting Mr. Cohen’s                                 
            representations of the tax consequences which flowed from the SC                           
            VEBA.                                                                                      
                  We also are not persuaded by petitioners’ assertion that the                         
            accuracy-related penalties are inapplicable because, they claim,                           
            the issues at bar are matters of first impression.  It is not new                          
            in the arena of tax law that individual shareholders have tried                            
            surreptitiously to withdraw money from their closely held                                  
            corporations to avoid paying taxes on those withdrawals.  The                              
            fact that the physicians at bar have attempted to do so in the                             
            setting of a speciously designed life insurance product does not                           
            negate the fact that the underlying tax principles involved in                             
            this case are well settled.  Nor does the application of the                               
            negligence accuracy-related penalty turn on the fact that this                             
            case is a “test case” as to the tax consequences flowing from a                            
            taxpayer’s participation in the subject VEBA’s.  When the                                  
            requirements for the negligence accuracy-related penalty are met,                          
            a taxpayer in a test case is just as negligent as the taxpayers                            
            who have agreed to be bound by the resolution of the test case.                            
                  We conclude that each of petitioners is liable for the                               
            accuracy-related penalties determined by respondent.                                       
            8.  Addition to Tax for Failure To File Timely                                             
                  Lakewood filed its 1992 tax return with the Commissioner on                          
            May 28, 1993.  The unextended due date of the return was March                             






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