- 19 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
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