-5- provides that depreciation allowances under section 167 shall be considered expenditures under section 174. Petitioner paid $165,000 to acquire interests in the thoroughbred racehorses. The racehorses are section 167 depreciable property. None of the amount was expended on research costs; accordingly, we hold that no portion of the $165,000 is deductible as a section 174(a) research and development expense.3 Issue 2. Section 6662(a) Penalty Section 6662 imposes a penalty equal to 20 percent of the portion of the underpayment that is attributable to negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). "Negligence" includes any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code, and "disregard" includes any careless, reckless, or intentional disregard. Sec. 6662(c). Negligence is defined as the lack of due care or the failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Marcello v. Commissioner, 3 Petitioners claim that prior to 1991 they deducted the purchase price of racehorses as research and development expenses on their Federal income tax returns and that upon audit of their tax returns, respondent acquiesced in such treatment. Thus, they argue, they should be allowed to similarily deduct the purchase price of the racehorses for the year 1991. We reject petitioners' argument based on the established principle that each tax year is considered separately. See Harrah's Club v. United States, 228 Ct. Cl. 650, 661 F.2d 203, 205 (1981). However, we believe respondent's allowance of a deduction of the purchase price for petitioner's racehorse interests in prior years is a factor to be considered with respect to the sec. 6662(a) accuracy-related penalty.Page: Previous 1 2 3 4 5 6 7 Next
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