- 22 - for their children and that they never told anyone that the horses were for their children. His testimony, however, was impeached by a letter petitioners wrote in which they state that they were using money specifically to buy a horse for Jill. The fact that petitioners did not purchase horses in their daughters’ names is unpersuasive. Additionally, within months of Jill’s leaving the country and Claire’s turning 18 petitioners terminated the horse activity. H. Conclusion After reviewing the entire record, we conclude that petitioners did not engage in the horse activity with the primary, predominant, or principal purpose and intent of making a profit within the meaning of section 183. Section 6662 Penalty Section 6662 imposes a penalty on an underpayment of tax required to be shown on a return. 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. See sec. 1.6664-4(b)(1), Income Tax Regs. Reliance on the advice of an accountant may demonstrate reasonable cause and good faith. See id.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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