Victor A. and Marion W. Prieto - Page 22




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          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.                                   






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