- 17 - In summary, petitioner has not shown that he engaged in his activity with respect to the Cloudia with an actual and honest objective of making a profit. Accordingly, we find on the basis of all of the facts and circumstances of this case that petitioner's activity with respect to the Cloudia is an activity not engaged in for profit and is subject to the limitation on deductions imposed by section 183. We note that the notice of deficiency refers to the application of section 183 as respondent's "alternative position". The notice of deficiency also suggests that the adjustment with respect to the Cloudia would be computed differently under section 183 than the adjustment determined in the notice. For this reason, the Court will enter decision in this case under Rule 155. Accuracy-Related Penalty Respondent determined that petitioner’s underpayment of income tax for 1990 was due to negligence or disregard of rules or regulations, and that he is liable for the accuracy-related penalty under section 6662(a). Petitioner bears the burden of proving that respondent's determination is wrong. Rule 142(a). Section 6662(a) imposes an accuracy-related penalty equal to 20 percent of the portion of the underpaymentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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