Robert M. and Nancy I. Stewart - Page 8




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          agreement was executed and signed solely by Mr. Stewart in his              
          individual capacity and as the only shareholder and director of             
          R.M. Stewart, Inc.  The payments under the agreement are capped,            
          and they are not payable in the case of capital improvements or             
          expansion.                                                                  
               Transactions among related taxpayers are subject to close              
          scrutiny, and, in these circumstances, “it is the nature and                
          origin of a transaction, rather than its form, that must be                 
          accorded controlling weight.”  Tulia Feedlot, Inc. v. United                
          States, 513 F.2d 800, 805 (5th Cir. 1975); Pan Am. Foods, Inc. v.           
          Commissioner, T.C. Memo. 1997-136, affd. 163 F.3d 1354 (5th Cir.            
          1998).  Petitioners have not shown that the corporation rendered            
          any general management services to the sole proprietorship, and             
          we cannot agree that Mr. Stewart’s payments of $120,000 in 1995             
          and $100,000 in 1996 to that entity as compensation for those               
          services are deductible business expenses.  Accordingly, we                 
          sustain respondent’s determination.                                         
               Respondent also determined accuracy-related penalties for              
          1995 and 1996.  An accuracy-related penalty of 20 percent is                
          imposed on any portion of an underpayment of tax that is                    
          attributable to negligence or to any substantial understatement             
          of income tax.  Sec. 6662(a) and (b).                                       
               There is a substantial understatement of income tax if the             
          amount of the understatement for the taxable year exceeds the               






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