Miguel Espinoza and Mariaclariza Montoya - Page 12




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          6664(c)(1) is made on a case-by-case basis, taking into account             
          all pertinent facts and circumstances.  See sec. 1.6664-4(b)(1),            
          Income Tax Regs.  The most important factor is the extent of the            
          taxpayer's efforts to assess the taxpayer's proper tax liability.           
          See id.                                                                     
               In this case, petitioners were negligent and disregarded               
          rules or regulations.  Petitioners received $58,475 from the                
          insurance company for their loss of the bus.  The acquisition               
          cost of the bus plus the cost of petitioners' listed items total            
          no more than $40,359.  Furthermore, petitioners claimed $18,517             
          of depreciation deductions, which decreased their basis in the              
          bus.                                                                        
               Although the amount that petitioners received from the                 
          insurance company for the converted bus substantially exceeded              
          their basis, even without considering the depreciation charges,             
          petitioners never reported any portion of the insurance proceeds            
          as income.  In addition, although petitioner testified that he              
          had no knowledge of tax law, petitioners apparently did not seek            
          the advice of anyone who could have informed them of their proper           
          tax liability.                                                              
               It is evident from the record that petitioners did not make            
          a reasonable attempt to comply with the internal revenue laws or            
          to exercise ordinary and reasonable care in the preparation of              
          their tax return.  Finally, we do not find that there was                   





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