- 46 - consideration was necessary as to whether the expense really benefited petitioner. Respondent’s adjustments raise few questions of law. They raise questions of fact; indeed, of judgment. Norman exercised poor judgment. He had been a Government auditor, and he had passed his C.P.A. exams. Undoubtedly, he understood that he wore more than one hat with respect to his corporation, as shareholder, director, and employee, and that an expenditure to benefit a shareholder directly is not a deductible corporate expense. There is ample evidence that Norman abused his dual status, exploiting his director and employee roles in order to shortchange the tax collector; for example, by deducting dinners at expensive restaurants to discuss with his wife matters over which he had complete control or deducting as corporate relocation expenses personal costs incident to his divorce and his wife’s relocation to Florida. See also supra note 8, in which we report Norman’s concession that he billed petitioner for personal expenditures. Also, contrary to petitioner’s claim, it did not keep adequate and full records. Except as stated in the next paragraph, petitioner has failed to convince us that it did not act negligently with respect to any of the adjustments it here contests. Petitioner has not argued that the negligence penalty should not be sustained for adjustments that petitioner conceded. WePage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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