Lee W. Yates and Wendy S. Yates - Page 17

                                       - 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