Steven J. and Terry L. Namyst - Page 6

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          accuracy-related penalty under section 6662(a) for each year in             
          issue.                                                                      
                                       OPINION                                        
               Petitioners argue that the checks issued to petitioner by              
          IMC between March 1996 and December 1999 were not wages, but were           
          in part reimbursements for the expenses petitioner paid in 1994,            
          1995, 1996, 1997, 1998, and 1999, and in part proceeds from the             
          sale of petitioner’s tools to IMC.  With respect to the expenses            
          petitioner paid, petitioners claim that the reimbursement                   
          arrangement between petitioner and Mr. Kerkinni qualifies as an             
          “accountable plan” under section 1.62-2(c)(2)(i), Income Tax                
          Regs., and that petitioners were not required to include the                
          amounts of the expense reimbursements in their gross income.                
          Petitioners also argue that petitioner sold his old tools to IMC            
          at reasonable used values set by petitioner totaling $23,919.50,            
          and that the amounts that represented the proceeds from these               
          sales were returns of petitioner’s capital and not includable in            
          gross income.                                                               
               Respondent argues that it is unreasonable to believe that              
          petitioner agreed to work for IMC without a salary or an                    
          ownership interest in the corporation.  Although the arrangement            
          was unusual, we reject respondent’s contention.  Petitioner is              
          dedicated to his work and loyal to his friend, Mr. Kerkinni.                








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