Andrew Lenard Jones - Page 7

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          petitioner’s expenditures (helmet, jacket, etc.) would relate to            
          a hobby as well as a business activity.                                     
               In sum, we do not find that petitioner’s motorcycle activity           
          constituted a trade or business entered into for profit.                    
          B.  Negligence                                                              
               Section 6662(a) provides that, if the section applies, there           
          is imposed a penalty in an amount equal to 20 percent of the                
          portion of the underpayment.  The penalty applies, inter alia, to           
          an underpayment due to negligence or disregard of the rules or              
          regulations.  Sec. 6662(b)(1).  The term “disregard” includes               
          “any careless, reckless, or intentional disregard.”  Sec.                   
          6662(c).  Negligence includes “any failure to make a reasonable             
          attempt to comply”.  Id.                                                    
               We focus on whether petitioner was negligent in deducting              
          expenses of his motorcycle activity on his tax return.                      
          Petitioner launched into this activity with little, if any,                 
          experience in running a business to teach others to operate                 
          motorcycles.  He had no financial idea of how he could get                  
          customers in sufficient number to meet the expenses of starting             
          and operating such a business, and he maintained no meaningful              
          records.  Petitioner used a tax return preparer, but there is no            
          indication that the return preparer was competent.  On the other            
          hand, petitioner had ridden motorcycles for many years as a                 
          hobby, albeit perhaps of a different nature.  Petitioner has not            






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