- 23 - were consistent with California's homeowners' exemption procedures. In regard to the driver's license and the voter registrations, petitioners acquired 20 The Point on August 31, 1988, and within 3 months they had purchased 15 Sandpiper. Because of the short time involved, we do not consider it significant that 20 The Point was not listed on either petitioners’ driver's licenses or voter registrations. Conclusion After considering the record as a whole, and on balance, we find that 20 The Point was not petitioners' principal residence during the relevant period. In our judgment, their principal residence was Mary Street. Therefore, we sustain respondent's determination that section 1034 is inapplicable and hold that petitioners must recognize the gain on the sale of 20 The Point in 1989. Issue 2. Accuracy-Related Penalty Respondent determined an accuracy-related penalty pursuant to section 6662(a) for petitioners' 1989 tax year. Section 6662 imposes a penalty equal to 20 percent of the portion of an underpayment of tax that is attributable to "negligence or disregard of rules or regulations." Sec. 6662(a) and (b)(1). The term "negligence" includes "any failure to make a reasonable attempt to comply with the provisions of this title," and the term "disregard" includes "any careless, reckless, or intentionalPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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