Michael F. & Jane H. Connor - Page 8




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          apply, and an attribution rule in section 469 is consistent with            
          that section and its legislative history.  Id. at 223-229.                  
               The same result follows here.  Because Dr. Connor could, and           
          did, materially participate in the dental activity of his                   
          personal service corporation, the recharacterization rule of                
          section 1.469-2(f)(6), Income Tax Regs., operates during the                
          subject years to characterize petitioners' income from the Lease            
          as nonpassive.  We sustain respondent's determination on this               
          issue.                                                                      
               Finally, we must decide whether petitioners are liable for             
          accuracy-related penalties for the years in issue.  Section                 
          6662(a) imposes an accuracy-related penalty in the amount of 20             
          percent of the portion of an underpayment of tax attributable to            
          negligence or disregard of rules or regulations.  Sec. 6662(a)              
          and (b)(1).  Negligence is any failure to make a reasonable                 
          attempt to comply with the provisions of the Internal Revenue               
          laws.  Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs.                  
          Moreover, negligence is the failure to exercise due care or the             
          failure to do what a reasonable and prudent person would do under           
          the circumstances.  Neely v. Commissioner, 85 T.C. 934, 947                 
          (1985).  Disregard includes any careless, reckless, or                      
          intentional disregard of rules or regulations.  Sec. 6662(c);               
          sec. 1.6662-3(b)(2), Income Tax Regs.                                       
               Under section 6664(c), no penalty will be imposed with                 
          respect to any portion of any underpayment if it is shown that              




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