Menard, Inc. - Page 100

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          Bulletin”.  Sec. 1.6662-3(a), Income Tax Regs.  The section                 
          6662(a) accuracy-related penalty will not apply to such a                   
          position where the position has a realistic possibility of being            
          sustained on its merits.  Sec. 1.6662-3(a), Income Tax Regs.75              
               Petitioners have not indicated which revenue ruling or                 
          notice, if any, their positions contradict.  Accordingly, we                
          decline to give this argument further consideration.                        
               B.  Petitioners’ Second Theory                                         
               Petitioners assert that the “voluminous record” and the                
          “mandatory national office review” of respondent’s brief                    
          illustrate the complex and technical nature of the issues.  For             
          this reason, petitioners argue, the section 6662(a) accuracy-               
          related penalties do not apply.                                             
               Although we agree with petitioners that the state of the               
          record in this case suggests that the parties had difficulties              
          with the issues, we disagree that the three issues for which                
          respondent determined penalties are actually complex or technical           
          in nature.  Menards’s payments of both the TMI expenses and                 
          interest accrued on Mr. Menard’s loans to the company were                  
          straightforward transactions.  We reject petitioners’ argument.             




               75Sec. 1.6694-2(b), Income Tax Regs. contains the realistic            
          possibility standard.  See sec. 1.6662-3(a), Income Tax Regs.               





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