- 16 - consequences of doing so. Petitioner chose to employ the corporate form, and “having elected to do some business as a corporation, he must accept the tax disadvantages.” Higgins v. Smith, 308 U.S. 473, 477-478 (1940). He also chose to obtain the use of boats for his business through a leasing transaction, and while a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not and may not enjoy the benefit of some other route he might have chosen to follow but did not. * * * [Commissioner v. National Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974); citations omitted.] We hold that petitioner is liable for the deficiencies determined by respondent7 and cannot exclude the boat lease income from his individual returns. We must additionally decide whether petitioner is liable for accuracy-related penalties under section 6662(a) and (b)(1) for each of the years at issue. These sections provide that if any portion of an underpayment of tax is attributable to negligence or disregard of rules or regulations, there shall be added to the tax an amount equal to 20 percent of the underpayment which is so attributable. The term “negligence” includes any failure to make a reasonable attempt to comply with the statute, and the term 7 It appears, however, that respondent may have disallowed a greater amount than was actually deducted as boat rental expense on the corporation’s return for its taxable year ended May 31, 1992. We expect the parties to address this matter in their Rule 155 computations.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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