Normandie Metal Fabricators, Inc. - Page 38

                                       - 38 -                                         
               The accuracy-related penalty does not apply to any part of             
          an underpayment if the taxpayer shows that there was reasonable             
          cause for the underpayment and that the taxpayer acted in good              
          faith.  See sec. 6664(c)(1).  Reliance on the advice of a                   
          professional, such as an accountant, may constitute reasonable              
          cause if, under all the facts and circumstances, that reliance is           
          reasonable and the taxpayer acted in good faith.  See sec.                  
          1.6664-4(c), Income Tax Regs.                                               
               Petitioner argues that it is not liable for the accuracy-              
          related penalty for the years in issue because the issues in this           
          case are highly technical; petitioner disclosed the deductions on           
          its tax returns for 1993, 1994, and 1995; and Steven Klein                  
          reasonably relied on petitioner’s accountant to advise petitioner           
          about what would constitute reasonable compensation to pay Steven           
          Klein in 1995.                                                              
               1.   1993 and 1994                                                     
               Petitioner is not liable for the substantial understatement            
          penalty if it had a reasonable basis for, and adequately                    
          disclosed the facts relating to, the Kleins’ compensation on its            
          1993, 1994, and 1995 returns.  See sec. 6662(d)(2)(B)(ii); Rev.             
          Proc. 94-36, 1994-1 C.B. 682; Rev. Proc. 94-74, 1994-2 C.B. 823;            
          Rev. Proc. 95-55, 1995-2 C.B. 457.  Section 4.01(2)(d) of each of           
          those revenue procedures provides that, for purposes of reducing            
          the understatement of income tax under section 6662(d),                     
          additional disclosure of facts relating to an issue involving               




Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011