- 32 - 1.6662-3(b)(2), Income Tax Regs., defines these actions as follows: A disregard of rules or regulations is “careless” if the taxpayer does not exercise reasonable diligence to determine the correctness of a return position that is contrary to the rule or regulation. A disregard is “reckless” if the taxpayer makes little or no effort to determine whether a rule or regulation exists, under circumstances which demonstrate a substantial deviation from the standard of conduct that a reasonable person would observe. A disregard is “intentional” if the taxpayer knows of the rule or regulation that is disregarded. * * * The penalty does not apply, however, if the taxpayer demonstrates that he had reasonable cause for the underpayment and he acted in good faith with respect to the underpayment, as required by section 6664(c). See sec. 1.6662-3(a), Income Tax Regs. The record in this case supports a conclusion that petitioners claimed they were in a trade or business of “international transportation” in order to obtain a dollar-for- dollar tax deduction for the funds invested in an attempt to start a new business to purchase Russian airplanes. In so doing, petitioners ignored their own documentation which, inadequate as it may be, suggests that a foreign corporation, Quotum, was the entity formed to acquire the airplanes. Petitioners’ reporting position also ignored the promissory note given to James and the stock certificate reflecting that Candid, not petitioners, owned an interest in Quotum. Although petitioners’ accountant testified that he researched the tax law, it appears that he didPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011