- 39 - 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.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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