Alexander Firsow and Camilla Thomas-Firsow, a.k.a. Camilla Thomas - Page 10

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          We find that their testimony, the spreadsheet, and the daily work           
          logs were not credible.  Petitioners were employees of Ashley,              
          Inc., where she worked full time and he worked 32 hours a week.             
          In addition to his employment at Ashley, Inc., petitioner also              
          operated a horse racing business.  Petitioners testified, and the           
          spreadsheet indicates, that they spent a fair amount of time                
          rendering personal services for their own residence and for the             
          properties owned by petitioner’s parents.  Even if we were to               
          accept as true petitioner’s testimony that he worked 12 hours per           
          day at the Sanibel property (above and beyond his time fishing              
          off the pier), petitioners spent no more than 2 weeks per year              
          there.  While petitioners have spent some time performing                   
          personal services at their rental properties, we conclude that              
          such time falls short of the “more than 750 hours of services”              
          required under section 469(c)(7).  Accordingly, we sustain                  
          respondent’s determination regarding this issue.                            
               The final issue is whether petitioners are liable for                  
          accuracy-related penalties under section 6662(a) for the 1999 and           
          2000 taxable years.  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 negligence or                 
          disregard of rules or regulations.  Sec. 6662(a) and (b)(1).  The           
          term “negligence” includes any failure to make a reasonable                 
          attempt to comply with the provisions of the Internal Revenue               






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