Sandra J. Brannon - Page 11




                                       - 11 -                                         

          exhaustion, wear and tear, and obsolescence in respect of                   
          property is the adjusted basis for determining gain or loss on              
          the sale of such property as provided in section 1011.  Section             
          1011(a) provides generally that the adjusted basis for                      
          determining gain or loss shall be, as pertinent here, the basis             
          determined under section 1012.  Section 1012 provides generally             
          that the basis of property is its cost.                                     
               On this record, petitioner did not establish that she                  
          acquired an interest in the emus.  Moreover, the record does not            
          establish that petitioner acquired an interest in the emus by               
          gift.  The Court, therefore, sustains respondent on this issue.             
               The final issue is whether petitioner is liable for                    
          penalties under section 6662(a) for the years 1993 and 1994.                
          Section 6662(a) provides that, if that section is applicable to             
          any portion of an underpayment in taxes, there shall be added to            
          the tax an amount equal to 20 percent of the portion of the                 
          underpayment to which section 6662 applies.  Under section                  
          6664(c), no penalty shall be imposed under section 6662(a) with             
          respect to any portion of an underpayment if it is shown that               
          there was a reasonable cause and that the taxpayer acted in good            
          faith with respect to such portion of the underpayment.                     
               Section 6662(b)(1) provides that section 6662 shall apply to           
          any underpayment attributable to negligence or disregard of rules           
          or regulations.  Negligence is defined as lack of due care or               





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011