- 9 - 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 substantiatePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011