- 18 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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