Benjamin H. Smith - Page 9

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          any expenses for the 2 years in question.  We find that                     
          petitioner is not entitled to any rental deductions.                        
               Finally, we must decide whether petitioner is liable for the           
          accuracy-related penalties under section 6662(a).  Section                  
          6662(a) imposes a penalty of 20 percent on any portion of an                
          underpayment of tax that is attributable to negligence or                   
          disregard of rules or regulations.  Sec. 6662(a) and (b)(1).                
          Negligence includes any failure to make a reasonable attempt to             
          comply with the provisions of the Internal Revenue Code, and                
          disregard includes any careless, reckless, or intentional                   
          disregard.  Sec. 6662(c).  Negligence also includes failure by              
          the taxpayer to keep adequate books and records or to                       
          substantiate items properly.  Sec. 1.6662-3(b)(1), Income Tax               
          Regs.  The penalty does not apply, however, to any portion of an            
          underpayment for which there was reasonable cause and with                  
          respect to which the taxpayer acted in good faith.  Sec. 6664(c).           
          The determination of whether a taxpayer acted with reasonable               
          cause and in good faith is made on a case-by-case basis, taking             
          into consideration all of the relevant facts and circumstances.             
          Sec. 1.6664-4(b)(1), Income Tax Regs.  Reasonable cause and good            
          faith can be found in circumstances involving an honest                     
          misunderstanding of fact or law that is reasonable in light of              
          the experience, knowledge, and education of the taxpayer.                   






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