John G. and Janice E. Parker - Page 10




                                       - 10 -                                         
          rules and regulations, or a substantial understatement of tax.              
          An understatement of tax is substantial if it exceeds either 10             
          percent of the tax required to be shown on the return, or $5,000.           
          Sec. 6662(d)(1)(A).                                                         
               The above accuracy-related penalty, however, is not imposed            
          with respect to any portion of a taxpayer’s understatement of tax           
          for which the taxpayer acted with reasonable cause and in good              
          faith.  Sec. 6664(c)(1).                                                    
               In our discretion, and based on the facts before us, we                
          conclude that petitioners had reasonable cause in treating                  
          petitioner’s airplane activity as a for profit activity.                    
          Petitioners are not liable for the accuracy-related penalties               
          determined by respondent under section 6662 with respect to the             
          deficiencies at issue herein.                                               
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             under Rule 155.                          


















Page:  Previous  1  2  3  4  5  6  7  8  9  10  

Last modified: May 25, 2011