- 12 - a constructive dividend and with additional income from Capital Video relating to the legal fees Capital Video paid, he should be deemed to have incurred the legal fees, and the legal fees should be treated as his miscellaneous business expenses. The analysis herein to the effect that the legal fees in dispute do not constitute ordinary and necessary business expenses of Capital Video also applies to Guarino’s argument that the legal fees should be deductible ordinary and necessary business expenses to him. Guarino has not shown a sufficient business nexus to the legal fees for the fees to qualify as ordinary and necessary business expenses to him.2 We reject Guarino’s argument as to his entitlement to miscellaneous itemized business expense deductions relating to the legal fees paid by Capital Video. Sec. 6662 Penalties Under section 6662, a penalty of 20 percent is imposed on any portion of an understatement of tax attributable to negligence or to disregard of the rules or regulations. For purposes of section 6662(a), negligence constitutes a failure to make a reasonable attempt to comply with the Internal Revenue Code. Sec. 6662(c). 2 Petitioners make no argument that respondent has the burden of proof under sec. 7491.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011