Steven J. and Michele D. Scagliotta - Page 17

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                The final issue for decision is whether petitioners are                      
          liable for the accuracy-related penalty under section 6662(a) for                  
          negligence or disregard of rules or regulations.  Section 6662(a)                  
          provides for an addition to tax equal to 20 percent of the                         
          portion of the underpayment to which the section applies.  Under                   
          section 6662(c), "'negligence' includes any failure to make a                      
          reasonable attempt to comply with the provisions of this title,                    
          and the term 'disregard' includes any careless, reckless, or                       
          intentional disregard."  Negligence is the lack of due care or                     
          failure to do what a reasonable and ordinarily prudent person                      
          would do under the circumstances.  Neely v. Commissioner, 85 T.C.                  
          934, 947 (1985).  Under section 6664(c), the penalty under                         
          section 6662(a) shall not be imposed with respect to any portion                   
          of the underpayment if it is shown that there was reasonable                       
          cause for the underpayment, and that the taxpayer acted in good                    
          faith.                                                                             
                Petitioners claimed Schedule C deductions in the amount of                   
          $25,226 with respect to an activity of petitioner's that neither                   
          had commenced nor was being conducted on a regular and continuous                  
          basis during the year at issue.  Petitioners also claimed a                        
          $12,500 bad debt deduction for a debt that they reported as a                      

          8(...continued)                                                                    
          general loss provisions of sec. 165.  Therefore, petitioners here                  
          cannot obtain any relief under sec. 165.  Moreover, no                             
          identifiable event occurred to fix the amount of any loss so as                    
          to render it deductible under sec. 165.                                            




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