Albert R. and Phyllis F. Dworkin - Page 20

                                                 - 20 -                                                    
            of $40,174.  In the first year of the investment alone,                                        
            petitioners claimed an operating loss in the amount of $30,510                                 
            and investment tax and business energy credits related to                                      
            Northeast totaling $63,612, while petitioners' investment in                                   
            Northeast was only $37,500.  The direct reductions in their                                    
            Federal income tax, via the tax credits, equaled 170 percent of                                
            their cash investment.  Therefore, like the taxpayers in Provizer                              
            v. Commissioner, T.C. Memo. 1992-177, "except for a few weeks at                               
            the beginning, petitioners never had any money in the [Northeast]                              
            deal."  A reasonably prudent person would not conclude without                                 
            substantial investigation that the Government was providing tax                                
            benefits so disproportionate to the taxpayers' investment of                                   
            their own capital.  A reasonably prudent person would have asked                               
            a qualified independent tax adviser if this windfall were not too                              
            good to be true.  McCrary v. Commissioner, 92 T.C. 827, 850                                    
            (1989).                                                                                        
                  Petitioners have not distinguished their situation from that                             
            of the taxpayers in Provizer v. Commissioner, supra, where the                                 
            negligence additions to tax were upheld.  We hold, upon                                        
            consideration of the entire record, that petitioners are liable                                
            for the negligence additions to tax under the provisions of                                    
            section 6653(a)(1) and (2).  Respondent is sustained on this                                   
            issue.                                                                                         








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