- 6 - petitioner’s expenditures (helmet, jacket, etc.) would relate to a hobby as well as a business activity. In sum, we do not find that petitioner’s motorcycle activity constituted a trade or business entered into for profit. B. Negligence Section 6662(a) provides that, if the section applies, there is imposed a penalty in an amount equal to 20 percent of the portion of the underpayment. The penalty applies, inter alia, to an underpayment due to negligence or disregard of the rules or regulations. Sec. 6662(b)(1). The term “disregard” includes “any careless, reckless, or intentional disregard.” Sec. 6662(c). Negligence includes “any failure to make a reasonable attempt to comply”. Id. We focus on whether petitioner was negligent in deducting expenses of his motorcycle activity on his tax return. Petitioner launched into this activity with little, if any, experience in running a business to teach others to operate motorcycles. He had no financial idea of how he could get customers in sufficient number to meet the expenses of starting and operating such a business, and he maintained no meaningful records. Petitioner used a tax return preparer, but there is no indication that the return preparer was competent. On the other hand, petitioner had ridden motorcycles for many years as a hobby, albeit perhaps of a different nature. Petitioner has notPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011