- 4 - 1991, having determined that the underpayments of tax were "due to negligence or intentional disregard of rules and regulations." Discussion Inclusion of COD Income in Basis Petitioners argue that petitioner was correct in increasing the basis in his ECC stock by his share of the COD income. In Nelson v. Commissioner, 110 T.C. 114 (1998), we held that COD income realized and excluded from gross income under section 108(a) does not pass through to shareholders of an S corporation as an item of income in accordance with section 1366(a)(1) so as to enable an S corporation shareholder to increase the basis of his stock under section 1367(a)(1). Petitioners do not distinguish this case from Nelson v. Commissioner, supra. They ask us to overrule a recent Court-reviewed opinion, as being decided incorrectly. We decline to do so. Accordingly, we hold that petitioner may not increase the basis in his ECC stock by his share of the COD income. Accuracy-related Penalties Section 6662(a) imposes an accuracy-related penalty of 20 percent on any portion of an underpayment of tax that is attributable to items set forth in section 6662(b). Included in those items is negligence or disregard of rules or regulations. Sec. 6662(b)(1). Section 6662(c) provides that for purposes of section 6662, "the term 'negligence' includes any failure to make a reasonable attempt to comply with the provisions of this title,Page: Previous 1 2 3 4 5 6 Next
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