- 17 - reasonable and ordinarily prudent person would do under the same circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). The penalty does not apply to any portion of an underpayment for which there was reasonable cause and with respect to which the taxpayer acted in good faith. Sec. 6664(c). Respondent's determination imposing the accuracy-related penalty is presumed correct, and petitioners bear the burden of proving that they are not liable for the accuracy-related penalty imposed by section 6662(a). Rule 142(a); Tweeddale v. Commissioner, 92 T.C. 501, 505 (1989). Although we have sustained respondent's determination that petitioners did not have the requisite profit objective, we find that petitioners were not negligent. Petitioners claimed the deductions relating to Silk Oak with a reasonable and good faith application of the law. Accordingly, we do not sustain respondent's determination that petitioners are liable for the accuracy-related penalty under section 6662(a). Connolly v. Commissioner, T.C. Memo. 1994-218, affd. without published opinion 58 F.3d 637 (5th Cir. 1995). To reflect the foregoing, Decision will be entered for respondent as to the deficiencies and for petitioners as to the penalties.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
Last modified: May 25, 2011