- 28 - effort made by the Castros and any advisers with whom they may have consulted to ascertain whether the trust structure at issue in these consolidated cases would be respected for Federal income tax purposes. Absent such proof, we cannot relieve petitioners of liability for the accuracy-related penalties under section 6662(a) and (b)(1). See Neely v. United States, 775 F.2d 1092, 1095 (9th Cir. 1985); George v. Commissioner, T.C. Memo. 1999- 381; Hanson v. Commissioner, T.C. Memo. 1981-675; sec. 1.6664- 4(b)(1), Income Tax Regs. We sustain respondent’s determination that petitioners are liable for accuracy-related penalties pursuant to section 6662(a) for 1995 and 1996 on any underpayment of income tax that may be due as a result of this opinion. V. Section 6673 Penalty Section 6673(a)(1)(A) and (B) provides that this Court may impose a penalty of up to $25,000 whenever proceedings have been instituted or maintained by the taxpayer primarily for delay, or whenever the taxpayer’s position in a proceeding is frivolous or groundless. Before trial, respondent warned the Castros that respondent intended to move for a penalty under section 6673 and gave the Castros copies of cases supporting respondent’s contention that their arguments lacked merit. We are satisfied that the Castros did not institute or maintain these proceedings primarily for delay. The Castros’ belief that their trust structure should be respected for Federal income tax purposes was sincere if uninformed by any reasonable analysis of pertinent authority. In addition, there is noPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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