- 7 - Although Olbres identified a few services performed for petitioner by Coupounas, none of these services were specialized, unique, or otherwise reasonably valued at $65,000 during 1994. Her testimony does not support a finding that an expense in any amount was incurred during petitioner’s 1994 tax year that would support a deduction by an accrual basis taxpayer. See sec. 461(a); sec. 1.461-1(a)(2)(i), Income Tax Regs. Olbres’ testimony concerning her unquestioning reliance on Coupounas is either improbable or indicative of unreasonable conduct. Her testimony that she did not look at anything other than the bottom line on the tax return that she signed is also improbable or indicative of negligence. According to the return, the professional fees claimed during the year in issue exceeded 150 percent of the compensation that she received as the executive and operating employee of the corporation. Although Coupounas was an accountant and an attorney, under the facts of this case we do not believe that Olbres reasonably relied on him with respect to the propriety of deducting $65,000 in accrued professional fees that were allegedly payable to Coupounas. Under these circumstances, a penalty for negligence under section 6662(a) is appropriate. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011