Menard, Inc. - Page 11

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          Petitioners have not shown, however, that Mr. Stienessen was                
          aware that Menards placed no substantial restrictions or                    
          limitations on Mr. Menard’s receipt of the interest during TYE              
          1998.  Without knowing what information Mr. Stienessen had when             
          he prepared petitioners’ returns, we cannot conclude that                   
          petitioners gave him necessary and accurate information for                 
          reporting the interest income.                                              
               After concluding that Mr. Stienessen lacked necessary and              
          accurate information for preparing petitioners’ returns, we need            
          not decide whether petitioners actually relied in good faith on             
          Mr. Stienessen’s judgment.  Petitioners are liable for the                  
          section 6662(a) accuracy-related penalties for negligence or                
          disregard of rules or regulations as follows:  Menards is liable            
          with respect to the TMI expenses deduction as disallowed, and Mr.           
          Menard is liable with respect to the excess TMI expenses                    
          constructive dividend and the constructively received interest              
          income.                                                                     
               We have considered the remaining arguments of both parties             
          for results contrary to those expressed herein and, to the extent           
          not discussed above, find those arguments to be irrelevant, moot,           
          or without merit.                                                           









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