Robert and Joyce Dirkse - Page 21




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          underpayment.  See sec. 6664(c)(1).  In determining the                     
          applicability of section 6664(c)(1), we weigh the particular facts          
          and circumstances of each case.  See sec. 1.6664-4(b), Income Tax           
          Regs.                                                                       
               Petitioners maintain that the section 6662(a) accuracy-related         
          penalties should not be imposed because they made a reasonable              
          attempt to prepare accurate tax returns and relied upon the advice          
          of a professional tax preparer.  In addition, petitioners note that         
          their returns for 1994 and earlier years were audited and resulted          
          in the Internal Revenue Service’s accepting the Schedule C activity         
          losses as reported on those returns.                                        
               On the other hand, respondent maintains that petitioners, as           
          educated individuals, should have known that “the size of the               
          losses claimed * * * in relation to their sales, combined with the          
          enjoyment and tax benefits they derived  from the activity, was             
          ‘too good to be true’”.  Moreover, respondent asserts that                  
          petitioners’ misclassification of their rental activities as                
          “consulting” on their tax returns, as well as petitioners’                  
          overstatement of their automobile business mileage, see supra note          
          4, mandates the imposition of the section 6662(a) accuracy related          
          penalties.                                                                  
               Although we are troubled by petitioners’ misclassification of          
          their rental activities and the overstatement of their business             
          mileage, on balance, we agree with petitioners, and thus hold, that         






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Last modified: May 25, 2011