- 100 - 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.Page: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Next
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