Charles B. Owens and Sally L. Owens - Page 15




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          attempt to comply with the provisions of the Internal Revenue               
          Code, and the term “disregard” includes any careless, reckless,             
          or intentional disregard.  Under section 6664(c), the accuracy-             
          related penalty of section 6662 does not apply to the extent                
          there is reasonable cause for, and the taxpayer acted in good               
          faith with respect to, the underpayment.                                    
               Bearing in mind that we are evaluating the reasonableness of           
          respondent’s assertion of the penalty,10 rather than the                    
          applicability of the penalty itself, we nonetheless conclude that           
          respondent’s position on the penalty issue was not reasonable.              
          As discussed above, the determination of whether a discharge of             
          indebtedness has occurred for tax purposes is extremely fact                
          specific.  When respondent issued his notice of deficiency (and             
          again when he filed his answer in the judicial proceeding), he              
          was aware of the conflicting evidence with respect to the                   
          discharge of indebtedness issue.  While we have found that such             
          conflicting evidence did not render unreasonable respondent’s               
          decision to continue to pursue that issue, we conclude otherwise            
          with regard to respondent’s decision to pursue the negligence               
          penalty.  Cf. Mitchell v. Commissioner, T.C. Memo. 2000-145                 


               10  We assume for these purposes that respondent asserted              
          the penalty on the ground that petitioners were negligent.  The             
          alternative standard (i.e., disregard of rules or regulations)              
          contemplates a specific statutory or administrative rule that is            
          contrary to the taxpayer’s reporting position, see sec. 1.6662-             
          3(b)(2), Income Tax Regs., a circumstance which does not appear             
          to be present here.                                                         





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