Richard E. Cramer - Page 8




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          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 the              





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