- 17 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Last modified: May 25, 2011