Western Management, Inc. - Page 12

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          31.3402(c)-1, Employment Tax Regs.  Petitioner has not                      
          established reasonable cause for failing to make the required               
          deposits of tax.  Therefore, we sustain respondent’s                        
          determination.  See Van Camp & Bennion v. United States, 251 F.3d           
          862 (9th Cir. 2001).                                                        
               Section 6662(a) imposes an accuracy-related penalty equal to           
          20 percent of the portion of an underpayment that is attributable           
          to negligence.  Petitioner’s contention that amounts paid to                
          Kovacevich were not wages is meritless.  See Van Camp & Bennion             
          v. United States, supra at 869 (stating that the reasonable basis           
          standard is not satisfied by “a return position that is merely              
          arguable or that is merely a colorable claim”); Spicer Accounting           
          Inc. v. United States, 918 F.2d 90 (9th Cir. 1990).  Petitioner             
          did not exercise due care in the filing of its return and thus is           
          liable for the section 6662(a) penalty.  Therefore, we sustain              
          respondent’s determination.                                                 
               Contentions we have not addressed are irrelevant, moot, or             
          meritless.                                                                  
               To reflect the foregoing,                                              
                                             An order denying                         
                                        petitioner’s motion to dismiss                
                                        will be issued, and decision will             
                                        be entered under Rule 155.                    








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