Oreland A. and Lucille S. Thornsjo - Page 3




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          to petitioners Oreland A. and Lucille S. Thornsjo, respondent               
          determined underpayments attributable to negligence of $10,901              
          and $285 for 1982 and 1983, respectively.  With regard to                   
          petitioners Donald L. and Diane J. Woolf, respondent determined             
          underpayments attributable to negligence of $27,859 and $424 for            
          1982 and 1983, respectively.                                                
               The issues for decisions are:  (1) Whether petitioners are             
          liable for additions to tax under section 6653(a)(1) and (2) for            
          negligence or intentional disregard of rules or regulations and             
          (2) whether petitioners are liable for additions to tax under               
          section 6659 for underpayments of tax attributable to valuation             
          overstatements.                                                             
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and they are so                
          found.2  Petitioners Oreland A. and Lucille S. Thornsjo resided             
          in St. Louis Park, Minnesota, when they filed the petition in               
          this case.  Petitioners Donald L. and Diane J. Woolf resided in             
          Chaska, Minnesota, when they filed the petition in this case.               
          Petitioners Lawrence J. and Dorothy A. Furlong resided in White             

          2    It would appear that petitioners have abandoned any                    
          contention regarding the statute of limitations (the so-called              
          Davenport issue).  This Court’s opinion on that issue was                   
          affirmed by the Court of Appeals for the Eleventh Circuit.  See             
          Davenport Recycling Associates v. Commissioner, 220 F.3d 1255               
          (11th Cir. 2000), affg. T.C. Memo. 1998-347; West v.                        
          Commissioner, T.C. Memo. 2000-389; Kohn v. Commissioner, T.C.               
          Memo. 1999-150; see also Klein v. United States, 86 F. Supp. 2d             
          690 (E.D. Mich. 1999); Clark v. United States, 68 F. Supp. 2d               
          1333, 1342-1346 (N.D. Ga. 1999).  However, if we are mistaken in            
          this regard, then we refer the parties to paragraphs 17 and 18 of           
          the stipulation of facts, and we decide the Davenport issue in              
          respondent’s favor based on the foregoing precedent.                        






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