- 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