- 19 - construe petitioner's latter argument as invoking section 6664(c), the reasonable cause exception to the accuracy- related penalty. Based upon the facts and circumstances of this case, we find that petitioner has failed to meet his burden of proving that he is not liable for the accuracy-related penalty. On the subject returns, petitioner labeled the deduction of his commodity trading losses as "Research & Experimentation to Improve Trading System Formula for Sale". That label suggests that petitioner claimed the amounts as research or experimental expenditures under section 174. Neither of petitioner's returns discloses the fact that the subject amounts are losses from trading commodity futures. Significantly, as mentioned above, petitioner did not pursue the claim that the subject amounts are research or experimental expenditures in his post-trial brief. Moreover, we know of no authority permitting losses from the sale or exchange of capital assets to be treated as ordinary in these circumstances. Finally, we are not convinced that the underpayment was the result of an honest misunderstanding of fact or law that is reasonable in light of the facts and circumstances of this case.Page: 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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