William J. Cutts - Page 34

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          checks, which Mr. Cutts then credited against ATV’s rent                    
          obligation.  Mr. Cutts is entitled to deduct the portion of                 
          constructive interest payments allocable to ATV’s payments on the           
          Landmark Hall mortgage to the extent allowable under section 163,           
          which is to be determined in the Rule 155 computation.  Because             
          there are no net amounts of interest due from ATV to Mr. Cutts,             
          we have no occasion to consider correlative questions of interest           
          deductibility by ATV.                                                       
          Issue 3.  Whether Petitioners Are Liable for the Section                    
                    6662 Accuracy-Related Penalty for the 1997 Tax Year               
               Respondent concedes petitioners are not liable for any                 
          penalty with respect to any adjustments relative to the use of              
          Landmark Hall.14  The issue remains whether petitioners are                 
          liable for the section 6662(a) accuracy-related penalty for                 
          adjustments relative to unreported interest under section 7872.             
               Section 6662 imposes a penalty of 20 percent on                        
          underpayments of tax attributable to negligence or disregard of             
          the rules or regulations.  Petitioners can avoid this penalty if            
          they made a reasonable attempt to comply with the provisions of             
          the Internal Revenue Code, and they were not careless, reckless,            
          or in intentional disregard of rules or regulations.  See sec.              
          6662(c); Accardo v. Commissioner, 942 F.2d 444, 452 (7th Cir.               


               14In his brief, respondent conceded the accuracy-related               
          penalty for all “expenses claimed by ATV relative to Landmark               
          Hall”, including the pool repair expense.                                   





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