- 37 - of $300,000 in 1993 and $300,000 in 1994 was unreasonable. Due to Steven Klein’s assumption of more responsibilities when he became CEO in 1995 and based on Hakala’s estimate of reasonable compensation to Steven Klein for 1995, we conclude that compensation up to $440,000 in 1995 was reasonable. These amounts for Steven Klein for 1993 and 1994 are based on Dorf’s data but without any additional amounts added for research and development work previously done by Isidore Klein, and with an adjustment for hours worked. Our amount for Steven Klein for 1995 ($440,000) is essentially the same as believed reasonable by Hakala ($439,284). Dorf did not provide data for 1995; Hakala’s data is a suitable substitute. D. Whether Petitioner Is Liable for the Penalty Under Section 6662 for Substantial Understatement Respondent determined that petitioner is liable for the accuracy-related penalty for substantial understatement for 1993, 1994, and 1995 under section 6662. Taxpayers are liable for a penalty equal to 20 percent of the part of the underpayment attributable to negligence or substantial understatement of tax. See sec. 6662(a), (b)(1) and (2). A substantial understatement of income tax occurs when the amount of the understatement for a taxable year exceeds the greater of 10 percent of the tax required to be shown on the return or $10,000 in the case of a corporation. See sec. 6662(d)(1)(A).Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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