Karl and Birgit Jahina - Page 18




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               Further, although the timing of their attempt was incorrect,           
          petitioners attempted to elect combination treatment.  Had                  
          petitioners effected a valid election, the law would not have               
          required a property-by-property analysis.  While the Court makes            
          no express finding on whether petitioners would have prevailed              
          had they made a valid election to combine the properties, the               
          standard would have been significantly less burdensome had they             
          done so.  Finally, the record shows that Mrs. Jahina left her               
          wage job in 2000 to devote her full-time efforts to their rental            
          properties.  This record indicates reasonable cause and good                
          faith with respect to the underpayment.  The Court holds that               
          petitioners did not act negligently with respect to the                     
          underpayment and are not liable for the accuracy-related penalty            
          under section 6662(a).  See Shaw v. Commissioner, T.C. Memo.                
          2002-35 (taxpayer, a “sophisticated businessperson”, was not                
          liable for section 6662(a) penalty notwithstanding Court’s                  
          holding that he was not a real estate professional).                        
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                        for respondent on the deficiencies            
                                        and for petitioners on the section            
                                        6662(a) penalty.                              








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