Dale A. Rinehart and Jeana L. Yeager, f.k.a. Jeana L. Rinehart, et al. - Page 10




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          Rinehart v. Commissioner, T.C. Memo. 2002-9.  Respondent conceded           
          that if the Court determined the horse breeding activity was                
          engaged in for profit, then petitioners substantiated the                   
          expenses deducted for the horse breeding activity.  Accordingly,            
          there is no underpayment of tax attributable to the horse                   
          breeding activity and thus no accuracy-related penalty associated           
          with the horse breeding activity.                                           
               With regard to the COD income, we do not believe imposition            
          of the accuracy-related penalty is appropriate.  Ms. Yeager did             
          not receive a Form 1099 reporting the COD income.  She was                  
          unaware of the Form 1099-C until she was contacted by the IRS               
          during the audit of her 1994, 1995, and 1996 tax years.                     
          Accordingly, we hold the she is not liable for the accuracy-                
          related penalty attributable to the COD income.                             
               Petitioners failed to present evidence to establish that               
          they acted with reasonable cause and in good faith with regard to           
          any of the other issues, including those they conceded.9                    
          Accordingly, we hold that petitioners are liable for the                    
          accuracy-related penalties as to those issues.                              
               In reaching all of our holdings herein, we have considered             
          all arguments made by the parties, and to the extent not                    


               9  Petitioners make assertions in their briefs regarding               
          these other issues; however, assertions on brief are not                    
          evidence.  Rule 143(b).                                                     






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