- 9 - Pork were members of a consolidated group. Sec. 1.1221-2(d)(1), Income Tax Regs. They did not file, nor were they required to file, consolidated returns for the tax year. Secs. 1501 and 1502; secs. 1.1221-2(d)(3), 1.1502-1(h), Income Tax Regs. Therefore, the business transactions of Reis Ag and Grow Pork cannot be attributed to Reis and from Reis to petitioner. We find no exceptional circumstances which would cause us to ignore the corporate entities and attribute the production of hogs to petitioner. While it may have been easier for Reis to maintain all the hedging transactions in one account under petitioner's name, the hog futures transactions cannot be treated as hedging transactions of petitioner. The disallowed loss of $6,305 is a capital loss. Accordingly, we sustain respondent's determination. Section 6662(a) provides for an accuracy-related penalty in the amount of 20 percent of the portion of an underpayment of tax attributable to, among other things, negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). Section 6664(c)(1) provides that no penalty shall be imposed if it is shown that there was reasonable cause for the underpayment and that the taxpayer acted in good faith. The determination of whether a taxpayer acted with reasonable cause and in good faith depends upon the facts and circumstances. Sec. 1.6664-4(b)(1),Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011