- 2 - concessions,2 the issue left for decision is whether petitioner is liable for an accuracy-related penalty under section 6662(a) with respect to the understatement of tax on his 2001 Federal income tax return. We hold that petitioner had reasonable cause and acted in good faith with respect to the associated underpayment and is therefore not liable for an accuracy-related penalty. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. At the time the petition was filed, petitioner resided in Pacific Grove, California. Petitioner was the sole shareholder of Windsor Capital Mortgage Corp. (Windsor), which was engaged in real estate credit activities, from its incorporation in 1989 through 2001. Petitioner was employed full time as president of Windsor during 2001. Petitioner elected for Windsor to be taxed under the provisions of subchapter S of chapter 1, subtitle A, of the Internal Revenue Code, effective July 1, 1998, and the election was in effect through 2001. 2 Petitioner concedes that he failed to report $173,093 of ordinary income in 2001. Respondent concedes that petitioner did not have an additional $27,840 of income determined for that year, as had been reported to respondent on an erroneous Form W- 2, Wage and Tax Statement, issued to petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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