- 8 - Petitioners reported no gain from the sale on their Fort Lauderdale property on their 1990 return. They assert that they believed they were entitled to the benefits of sections 121 and 1034. However, petitioners' sole basis for believing their gain was nontaxable was a single paragraph contained in a homeowners' brochure. Their reliance upon the single paragraph was unreasonable. They disregarded the rest of the article, which discussed the qualifications for obtaining nonrecognition treatment of gain on home sales. Petitioners clearly took the paragraph out of context and presented no further evidence to justify their belief. Based on the record as a whole, we conclude that petitioners have not carried their burden of proving that they acted with reasonable cause. We hold that petitioners are liable for the accuracy-related penalty under section 6662(a). To reflect the foregoing and respondent's concessions, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011