- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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