Norman E. Duquette, Inc. - Page 46




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          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.  We              






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