Derwyn Joseph Booker - Page 14

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          issue or give undue dignity to petitioner's argument by                     
          reiterating what has been set forth above.  As we stated in                 
          Harris v. Commissioner, T.C. Memo. 1981-46, “To anyone * * * not            
          incorrigibly addicted to the ‘free lunch’ philosophy of life, the           
          entire scheme had to have been seen as a wholly transparent                 
          sham."                                                                      
               Based upon the record in the instant case, we find that                
          petitioner’s actions do not approach the actions that a                     
          reasonable and ordinarily prudent person would have taken under             
          the circumstances.  See Chamberlain v. Commissioner, supra at               
          733.  Accordingly, petitioner is liable for the additions to                
          taxdue to negligence under section 6653(a)(1) and (2) for the               
          taxable years at issue.  Respondent is sustained on this issue.             
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          



















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