- 23 - Thus, petitioners have not met the requirements of section 274(d). Thus, we conclude that AIM may not deduct the coded expenses of $1,254, $600, and $480. Respondent conceded that the coded expenses of $600 and $480 are for lodging expenses of AIM’s employees other than the Bolers and thus are not constructive dividends to petitioner. However, we conclude that the coded expense of $1,254 is a constructive dividend to petitioner because petitioners have not shown otherwise. I. Whether Petitioners Are Liable for the Accuracy-Related Penalty Under Section 6662(a) for Negligence Petitioners contend that they are not liable for the accuracy-related penalty for negligence under section 6662(a) because they reasonably relied on their accountants. They also contend that they had an honest misunderstanding of the law as to all issues. Petitioners are not liable for the accuracy-related penalty for negligence with respect to matters on which they prevailed here. They are also not liable for the accuracy-related penalty with respect to the $17,532 AIM claimed as costs of goods sold because they are inexperienced in tax accounting matters and they reasonably relied on the advice of two accountants on this issue. We conclude, however, that petitioners were negligent with respect to: (1) The disallowed interest deductions; (2) thePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011