- 18 - pleasure from his stock car activity. This factor favors respondent. Petitioners place great reliance on the case of Mills v. United States, 699 F. Supp. 1245 (N.D. Ohio 1988), which held that a taxpayer’s motorcycle racing activity qualified as a trade or business. Unlike the taxpayer in Mills, however, Tony had no separate bank account for his stock car activity, retained no business and financial adviser to aid him in his racing activities, participated in no special exhibitions to attract financial sponsorship of large companies, and never actually raced his vehicle (except in the ill-fated qualifying round). On the basis of all the evidence, we conclude that petitioners have failed to demonstrate that Tony entered into the stock car activity with a good faith expectation of making a profit. Accordingly, we sustain respondent’s determination on this issue. C. Accuracy-Related Penalty Pursuant to Section 6662(a) Respondent determined that petitioners are liable for the accuracy-related penalty under section 6662. Section 6662(a) imposes a 20-percent penalty on any portion of an underpayment that is attributable to, among other things, negligence or disregard of the rules or regulations or any substantial understatement of income tax. Negligence is the lack of due care or failure to do what a reasonable and ordinarily prudent personPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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