Eddie Cordes, Inc., et al. - Page 36




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          penalty is properly imposed for each of the taxable years at                
          issue in these dockets.                                                     
               Petitioners contend that they are not liable for the                   
          substantial understatement penalty because they did not                     
          substantially understate their income tax liabilities.  ECI                 
          separately alleges that “the underpayment of tax after all agreed           
          adjustments is less than $10,000.”  (Emphasis added.)  Rather               
          than point out all of petitioner’s errors in making this                    
          statement, we defer to the Rule 155 computation for resolution of           
          ECI’s liability.                                                            
               The Cordes children24 and CFC claim that (1) they did not              
          understate their income tax and, alternatively, (2) they relied             
          on their financial adviser/return preparer for correct and proper           
          tax return preparation and that such reliance absolves them of              
          liability for the penalty.  As to their first argument, to the              
          extent the Rule 155 computation discloses a substantial                     
          understatement as defined in section 6662(d)(1), petitioners’               
          primary argument fails.  If the Rule 155 computation discloses no           
          substantial understatement, then no accuracy-related penalty is             
          proper as to that petitioner for that taxable year.                         




               24We have found that the Cordes children did not receive               
          constructive dividends, and it appears that the Rule 155                    
          computation will demonstrate that they did not substantially                
          understate their respective income tax liabilities.  We                     
          nevertheless address the accuracy-related penalties as they                 
          relate to these petitioners, in the unlikely event that the Rule            
          155 computation does demonstrate a substantial understatement.              




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