James Tinnell - Page 39




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               C.  Conclusion                                                         
               After considering the factors listed in section 1.183-2(b),            
          Income Tax Regs., all contentions presented by the parties, and             
          the unique facts and circumstances of this case, we conclude that           
          petitioner entered into the activity of mining with a dominant              
          hope and intent of realizing a profit.  See Wolf v. Commissioner,           
          4 F.3d at 713; Vorsheck v. Commissioner, 933 F.2d at 758; Machado           
          v. Commissioner, T.C. Memo. 1995-526; Warden v. Commissioner,               
          T.C. Memo. 1995-176.  We hold that petitioner’s mining activity             
          during the years in issue was an activity engaged in for profit             
          within the meaning of section 183.                                          
          II. Section 6662(a) Penalty                                                 
               In his notices of deficiency, respondent determined that               
          petitioner was liable for an accuracy-related penalty due to                
          negligence or disregard of rules or regulations for each of the             
          years in issue.  Section 6662 authorizes respondent to impose an            
          accuracy-related penalty equal to 20 percent on the portion of an           
          underpayment attributable to, among other things, negligence or             
          disregard of rules or regulations.  See sec. 6662(a), (b)(1), and           
          (c).  “Negligence” includes any failure to make a reasonable                
          attempt to comply with the provisions of the internal revenue               
          laws, to exercise ordinary and reasonable care in the preparation           
          of a tax return, to keep adequate books and records, or to                  
          substantiate items properly.  Sec. 6662(c); Allen v.                        






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