- 8 - not satisfied the Court that he had a good faith primary objective of making a profit from his activity during 1996. See Dreicer v. Commissioner, 78 T.C. 642, 645 (1982), affd. without opinion 702 F.2d 1205 (D.C. Cir. 1983). The Court concludes that petitioner's activity was not engaged in primarily for profit. Having so concluded, the Court finds it unnecessary to consider respondent's alternative determination that petitioner's expenses related to the activity were not substantiated. Respondent, therefore, is sustained on this issue. 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 failure to do what a reasonable and ordinarily prudent person would do under like circumstances. See Neely v. Commissioner, 85 T.C. 934 (1985). The term "negligence" includes any failure to make a reasonable attempt to comply with the provisions of thePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011