- 8 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011