James C. and Vivian C. Dodge - Page 19

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               In determining whether petitioners were negligent in the               
          preparation of their returns, we take into account petitioner Mr.           
          Dodge's legal and tax experience.  Mr. Dodge prepared 75-100 farm           
          tax returns a year.  Attorneys who specialize in taxation are               
          held to a higher standard of care.  Tippin v. Commissioner, 104             
          T.C. 518, 534 (1995).  Additionally, the size of the tax losses             
          claimed by petitioners in relation to the revenue earned from the           
          horse-breeding activity, combined with the substantial enjoyment            
          that petitioners derived from the activity, created a situation             
          that was "too good to be true" within the meaning of section                
          1.6662-3(b)(1)(ii), Income Tax Regs.  Accordingly, petitioners              
          are liable for the section 6662(a) penalties.                               
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          















               4(...continued)                                                        
          substantial.  As a result of our decision with respect to the               
          negligence penalty, we need not address this issue.                         


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