- 94 - 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 MarchPage: Previous 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Next
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