Steven J. and Terry L. Namyst - Page 22

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          petitioner’s tools.  Our resolution of the issues in this case              
          required careful examination of the relevant laws, trial                    
          exhibits, and testimony.  Petitioners’ omission of the                      
          reimbursement income from IMC was made in good faith and with the           
          belief that the reimbursement arrangement would qualify as an               
          accountable plan.  It was not unreasonable that petitioners did             
          not report any of the income, since the arrangement between                 
          petitioner and Mr. Kerkinni provided that petitioner would not              
          receive any reportable wages from IMC, and petitioner did not               
          receive a Form W-2 for any of the years in issue.  In addition,             
          petitioners’ failure to report the proceeds they received for               
          petitioner’s tools was a result of their belief that the payments           
          did not exceed petitioner’s basis in the tools.  Based on the               
          information they had, petitioners made an effort to comply with             
          the tax laws in preparing their returns.  Therefore, we conclude            
          that the accuracy-related penalty is not appropriate, and                   
          petitioners are not liable for the penalty pursuant to section              
          6662.                                                                       
               To reflect the foregoing and concessions by respondent,                
                                                                                     
                                                  Decision will be entered            
                                             under Rule 155.                          










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