Two closely held corporate groups were subject to the accuracy-related penalty for several years. The individual who prepared and signed the returns was an employee for the two groups for all but one year. He incorrectly characterized some corporate income and concluded that the corporations were not subject to the personal holding company tax resulting in a substantial underpayment of tax.
The corporate groups contended that they relied on their employee who was a competent tax advisor. The employee acted as both the vice president and the taxpayer; therefore, he did not qualify as a person other than the taxpayer with respect to the returns he signed on behalf of the corporate groups. One group was not liable for the accuracy-related penalty during the time the individual was not an employee. He had resigned from the company and, pursuant to an agreement, he provided the corporate groups with consulting services concerning tax matters and he was not subject to the corporation’s direction or supervision. The group, thus, could claim that it had reasonable cause for the underpayments.
Seven W. Enterprises, Inc. & Subsidiaries, 136 TC –, No. 26, Dec. 58,650
Code Sec. 6662
CCH Reference – 2011FED ¶39,651D.55
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CCH Reference – TRC PENALTY: 3,100
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