Lenward C. Hood and Barbara P. Hood - Page 19




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          its own trade or business, under the standards of Lohrke v.                 
          Commissioner, supra, and similar cases.12                                   
               The remaining issue for consideration is whether HIF is                
          liable for the accuracy-related penalty under section 6662(a) and           
          (b)(1) (negligence or disregard of rules or regulations) with               
          respect to the claimed deduction for the payment of legal fees.             
          The term “negligence” includes any failure to make a reasonable             
          attempt to comply with the Internal Revenue Code, and the term              
          “disregard” includes any careless, reckless, or intentional                 
          disregard.  Sec. 6662(c).  Given that HIF’s reporting position              
          was consistent with our holding in Jack’s Maintenance                       
          Contractors, Inc. v. Commissioner, supra, we find there was no              
          negligence or disregard of rules or regulations on the part of              
          HIF.                                                                        
               To reflect the foregoing,                                              
                                             Decisions will be entered                
                                           under Rule 155.                            
          Reviewed by the Court.                                                      
          WELLS, CHABOT, COHEN, PARR, RUWE, WHALEN, COLVIN, HALPERN,                  
          BEGHE, CHIECHI, FOLEY, VASQUEZ, THORNTON, and MARVEL, JJ., agree            
          with this opinion.                                                          
          LARO, J., concurs in result only.                                           


               12 Because we conclude that petitioner HIF does not come               
          within the terms of the exception provided in Lohrke v.                     
          Commissioner, 48 T.C. 679 (1967), we do not consider the impact             
          of the origin-of-the-claim doctrine announced in United States v.           
          Gilmore, 372 U.S. 39 (1963), on the deduction of the legal                  
          expenses of another by a taxpayer meeting the terms of the                  
          exception provided in Lohrke.                                               




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