Sidney C. Shaw - Page 32




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               Petitioner was on both sides of the transaction and reported           
          the income and expense of the airplane lease activity as a rental           
          activity on his Schedule E.  Petitioner chose to structure and              
          report his airplane leasing activity as a rental activity during            
          the years in issue and must accept the tax consequences related             
          to that form.  See Commissioner v. Natl. Alfalfa Dehydrating &              
          Milling Co., 417 U.S. 134, 148-149 (1974).  He cannot belatedly             
          recharacterize it to secure greater tax benefits.  Id.  We                  
          conclude that the airplane lease activity was a passive activity,           
          and the rental losses are limited to the extent of passive                  
          activity income under section 469.                                          
          Penalties                                                                   
               Section 6662(a) imposes a 20-percent accuracy-related                  
          penalty where the taxpayer’s underpayment of tax is attributable            
          to negligence or disregard of rules or regulations.  See also               
          sec. 6662(b).                                                               
               Respondent determined that petitioner is liable for the                
          accuracy-related penalty under section 6662(a) because petitioner           
          was negligent in the preparation of his 1995 and 1996 tax                   
          returns.  Respondent maintains that petitioner’s tax returns                
          contained errors, petitioner failed to maintain adequate books              
          and records, and petitioner ignored the self-rental rules of                
          section 1.469-2(f)(6), Income Tax Regs.  Petitioner argues that             
          he was not negligent, that he made a reasonable attempt to comply           






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