Richard Santulli and Virginia Santulli - Page 34

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               We have sustained respondent's disallowance of certain items           
          for each of the years in issue.  For none of those years have               
          petitioners carried their burden of showing the absence of an               
          underpayment.  Accordingly, we find some underpayment for each of           
          those years.  That is not sufficient for us to determine any                
          addition to tax on account of negligence, however.  We must                 
          determine whether petitioners were indeed negligent.  Negligence            
          for purposes of section 6653(a) is the lack of due care or the              
          failure to do what a reasonable and ordinarily prudent person               
          would do under the circumstances.  Neely v. Commissioner, 85 T.C.           
          934, 947 (1985).                                                            
               Petitioners focus on the computer equipment activity and the           
          telecommunications activity and argue first that they cannot be             
          negligent in claiming their losses therefrom because respondent             
          has stipulated that the activities were not a sham, that                    
          petitioner had a business purpose, that the investments had                 
          substance, and that petitioner acquired the benefits and burdens            
          of ownership.  We do not agree with petitioners.  The consequence           
          of that stipulation is to limit our inquiry with regard to the              
          activities to the question of whether petitioners were negligent            
          in taking the position that petitioner was at risk within the               
          meaning of section 465(a) with regard to the installment notes.             
          With regard to that question, petitioners argue:                            








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