Kai H. and Susanna Lee - Page 9

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          least 20 hours each week” on that job.  (And he must have been              
          convincing--the Commissioner conceded this issue.)                          
               The credibility of the brothers’ testimony was undermined              
          even when it touched on other areas.  For instance, when asked on           
          cross-examination whether he knew anything about what an IRS                
          appeals officer does, Kai Lee responded:  “I don’t know any IRS             
          people.”  His brother Ulysses, who had just retired from his                
          career as an IRS examiner, was sitting at petitioners’ table with           
          him at the time.                                                            
               We conclude from all this that the Lee brothers’ claims                
          about the number of hours they worked are not credible.  They are           
          nothing more than “post-event ballpark guesstimates,” and in                
          these cases, not really in the ballpark at all.  We must find               
          neither Lee met the test for either year for being considered a             
          real estate professional.  Their real estate losses were passive.           
          B.   Section 6662                                                           
          The brothers also contest the Commissioner’s determination                  
          to impose an accuracy-related penalty under section 6662.  The              
          Commissioner gives two reasons to support his determination.  The           
          first is negligence.  The regulation defines negligence as not              
          making                                                                      
               a reasonable attempt to comply with the provisions of                  
               the internal revenue laws or to exercise ordinary and                  
               reasonable care in the preparation of a tax return.                    
               “Negligence” also includes any failure by the taxpayer                 
               to keep adequate books and records or to substantiate                  






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