Clifford L. Brody and Barbara J. Declerk - Page 18

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          Property, to report any loss under section 1244 on their 1999 tax           
          return.  Nor could they.  During the year in issue, KOA entered             
          into contracts with Days Inn of America, Inc. and Netstock Direct           
          Corp.  In August 2001, KOA merged into e-Redeem, Inc., via a                
          proposal that KOA’s shareholders would receive an aggregate of              
          49.568 percent of the fully diluted capital stock of the merged             
          entity.  These factors weigh against a finding of worthlessness             
          of KOA stock in 1999.  While such facts may not preclude a                  
          finding of worthlessness, they do place upon petitioners the duty           
          to offer more than their own testimony and the corporate books to           
          support their view.  See Jacobowitz v. Commissioner, T.C. Memo.             
          1968-261.  On this issue we hold for respondent.                            
          Accuracy-Related Penalty Under Section 6662(a)                              
               The final issue is whether petitioners are liable for an               
          accuracy-related penalty under section 6662(a) for the 1999                 
          taxable year.  An accuracy-related penalty “applies to any                  
          portion of an underpayment of tax required to be shown on a                 
          return” where such portion is attributable to either (1)                    
          negligence of disregard of rules or regulations or (2) a                    
          substantial understatement of tax.  Sec. 6662(a), (b)(1), (2).              
          The term “negligence” includes any failure to make a reasonable             
          attempt to comply with the provisions of the Internal Revenue               
          Code.  Sec. 6662(c).  The term “disregard” includes any careless,           
          reckless, or intentional disregard.  Id.  An understatement of              






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