- 17 - one-half of his stock interest in petitioner and acknowledged the “pension” payments from petitioner to Barbara. Clearly, the transfer of the stock to Barbara was in consideration of her ownership interest in petitioner. However, in light of the facts that petitioner had substantial retained earnings and never paid dividends, that Barbara provided no services to petitioner in the years petitioner made the payments, and that petitioner has not proved that Barbara was undercompensated in prior years, it is probable that some portion of the payments constituted a distribution of earnings to Barbara. Nevertheless, it is not necessary for us to decide what portion of the payments constituted disguised alimony and what portion constituted a distribution of earnings; in either event, they would not be deductible by petitioner.6 Accuracy-Related Penalties The remaining issue is whether petitioner is liable for accuracy-related penalties under section 6662(a) as determined by respondent. Respondent determined that the portion of 6 Respondent also argues that the deductions are limited by sec. 404(a). In general, sec. 404(a) disallows deductions for certain contributions to pension, annuity, and other plans, or for compensation paid under a plan deferring the receipt of such compensation. However, sec. 404(a) permits a deduction if the contributions or compensation “would otherwise be deductible”, in which case it affects the year in which deductions may be taken. Because we find that the payments at issue in the instant case are not “otherwise * * * deductible”, we need not address the effect of sec. 404(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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