Ramzy M. and Lena Kopty - Page 36




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         to report the IRA distributions during 1999 as taxable income,               
         but they also failed to report any of the dividend income in the             
         amount of $6,093.21 earned by the IRA during 1999.                           
              Petitioners assert that they are not liable for the                     
         accuracy-related penalty under section 6662(a) for three reasons.            
         First, petitioners claim that, at the time they filed their 1999             
         return, they did not know whether the rollover in 1998 was valid             
         because “respondents [sic] never answered their several                      
         assistance appeals” and petitioners had not received the Form                
         1099-R for 1999 from Norwest.  Second, petitioners assert that               
         respondent has determined their liability for the accuracy-                  
         related penalty “to hide their [sic] [respondent’s] negligence of            
         not responding to petitioners appeal for assistance with the ESOP            
         transaction".  Third, petitioners assert that they “exercised                
         extreme duty of care towards to the ESOP transaction issue under             
         severe circumstances of being abroad and seriously ill”.                     
              In summary, petitioners argue that, before they filed their             
         1999 return, they asked for advice from respondent concerning the            
         validity of the rollover in 1998, and, when they received no                 
         response from their inquiries from respondent, they did the best             
         they could under the circumstances of being abroad and with Mr.              
         Kopty’s health issues.  Petitioners appear to invoke the                     
         reasonable cause exception under section 6664(c) which provides              
         that no penalty shall be imposed with respect to any portion of              







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