Ruth N. Nelson - Page 32




                                       - 32 -                                         
          losses realized in connection with BRVC during 1992 and 1993.14             
          Petitioner is sustained on this issue.                                      
               The final issue is whether petitioner is liable for the                
          accuracy-related penalty under section 6662(a) for negligence or            
          disregard of rules or regulations for each of the years at issue.           
          Section 6662(a) provides that, if it is applicable to any portion           
          of an underpayment in taxes, there shall be added to the tax an             
          amount equal to 20 percent of the portion of the underpayment to            
          which section 6662 applies.  Since the Court has held in favor of           
          petitioner on the issue of whether BRVC was an activity not                 
          engaged in for profit during the years at issue and thus has                
          negated all of the adjustments in the notice of deficiency, there           
          exists no further underpayment to which the accuracy-related                
          penalty under section 6662(a) may be applied.  Thus, petitioner             
          is not liable for the section 6662(a) penalty.                              





                                                  Decision will be entered            
                                             for petitioner.                          





               14   Respondent conceded that petitioner substantiated the             
          expenses claimed on her 1992 and 1993 Federal income tax returns            
          in connection with BRVC.                                                    




Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  

Last modified: May 25, 2011