Pelton & Gunther, Professional Corporation - Page 18




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          for disregarding the regulations concerning the treatment of                
          NOL’s.7                                                                     
               In deciding whether petitioner was negligent, we take into             
          account the legal background and years of legal experience                  
          possessed by petitioner’s owner(s).  See Glenn v. Commissioner,             
          T.C. Memo. 1995-399, affd. without published opinion 103 F.3d 129           
          (6th Cir. 1996).  P&G and its officer(s) operated a law practice            
          and should have realized that the advances were to be fully                 
          reimbursed and that they should have been treated as loans, not             
          expenses, for Federal income tax purposes.  Ample case precedents           
          supporting our holding were extant at the time P&G claimed the              
          deductions.  In addition, petitioner has not demonstrated that it           
          made a reasonable attempt to comply with the regulations                    
          concerning the election to carry forward NOL’s.  Under the                  
          circumstances here, we cannot agree with petitioner, which                  
          operates a law practice, that the inquiry made to respondent                










               7  Respondent also determined that petitioner was liable for           
          a sec. 6662(b)(2) penalty because its underpayment was                      
          substantial.  As a result of our holding with respect to the                
          negligence penalty, we need not address respondent’s alternative            
          penalty determination.                                                      





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