- 21 - underpayment. See sec. 6664(c)(1). In determining the applicability of section 6664(c)(1), we weigh the particular facts and circumstances of each case. See sec. 1.6664-4(b), Income Tax Regs. Petitioners maintain that the section 6662(a) accuracy-related penalties should not be imposed because they made a reasonable attempt to prepare accurate tax returns and relied upon the advice of a professional tax preparer. In addition, petitioners note that their returns for 1994 and earlier years were audited and resulted in the Internal Revenue Service’s accepting the Schedule C activity losses as reported on those returns. On the other hand, respondent maintains that petitioners, as educated individuals, should have known that “the size of the losses claimed * * * in relation to their sales, combined with the enjoyment and tax benefits they derived from the activity, was ‘too good to be true’”. Moreover, respondent asserts that petitioners’ misclassification of their rental activities as “consulting” on their tax returns, as well as petitioners’ overstatement of their automobile business mileage, see supra note 4, mandates the imposition of the section 6662(a) accuracy related penalties. Although we are troubled by petitioners’ misclassification of their rental activities and the overstatement of their business mileage, on balance, we agree with petitioners, and thus hold, thatPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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