Normandie Metal Fabricators, Inc. - Page 37

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          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).                                                              





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