Claude D. Mayo, Sr. and Lessie M. Mayo - Page 10

                                        - 9 -                                         
          prudent person would do under the circumstances.’”  Freytag v.              
          Commissioner, 89 T.C. 849, 887 (1987) (quoting Marcello v.                  
          Commissioner, 380 F.2d 499, 506 (5th Cir. 1967), affg. on this              
          issue 43 T.C. 168 (1964) and T.C. Memo. 1964-299), affd. 904 F.2d           
          1011 (5th Cir. 1990), affd. on other grounds 501 U.S. 868 (1991).           
          The question then is whether petitioners’ conduct meets the                 
          reasonably prudent person standard.  See id.                                
               Petitioner is a lineman for the power company, and his wife            
          is a brusher with a furniture company.  They are not                        
          sophisticated with respect to financial matters.  Petitioners’              
          returns were prepared by a professional tax return preparer.  We            
          have recognized that reliance on the advice of a professional is            
          a factor to be considered in determining whether a taxpayer uses            
          reasonable care.  See id. at 888.  Moreover, while we conclude              
          that the Schedule C losses are not deductible because the                   
          activity was not entered into for profit, there are factors that            
          may be viewed as being favorable to petitioners.  Accordingly, we           
          do not sustain the section 6662(a) penalties.                               
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                                  Decision will be entered            
                                             in accordance with                       
                                   respondent’s previous Rule 155                     
                                        computations.                                 






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

Last modified: May 25, 2011