Tibor Guenther Horwath and Christel Horwath - Page 23

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          expenses that petitioners claimed in petitioners’ 1998 return,              
          that deduction is not supported by the Code, the regulations, or            
          the caselaw.  See sec. 162(a); sec. 1.162-1(a), Income Tax Regs.;           
          Levy v. Commissioner, supra at 554; Universal Oil Prods. Co. v.             
          Campbell, supra at 475.                                                     
               On the record before us, we find that respondent has satis-            
          fied respondent’s burden of production under section 7491(c) with           
          respect to the accuracy-related penalties under section 6662(a)             
          determined in the notice.                                                   
               The accuracy-related penalty under section 6662(a) does not            
          apply to any portion of an underpayment if it is shown that there           
          was reasonable cause for, and that the taxpayer acted in good               
          faith with respect to, such portion.  Sec. 6664(c)(1).  The                 
          determination of whether the taxpayer acted with reasonable                 
          cause, or in good faith, depends on the pertinent facts and                 
          circumstances, including the taxpayer's efforts to assess such              
          taxpayer’s proper tax liability, the knowledge and experience of            
          the taxpayer, and the reliance on the advice of a professional,             
          such as an accountant.  Sec. 1.6664-4(b)(1), Income Tax Regs.               
               Petitioners argue that they had reasonable cause for, or               
          acted in good faith in, claiming the respective depreciation                
          deductions in petitioners’ 1997 return and petitioners’ 1998                
          return with respect to the computer simulator because that                  
          simulator was a unique piece of equipment, and petitioners’                 






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