-36- 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 ofPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 NextLast modified: March 27, 2008