John T. Barrett, Jr. and Jane W. A. Barrett - Page 24

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          the taxpayer’s efforts to assess the proper tax liability.  Id.             
          An honest misunderstanding of fact or law that is reasonable in             
          light of all of the facts and circumstances, including the                  
          knowledge and experience of the taxpayer, may also indicate                 
          reasonable cause and good faith.  Id.  Petitioners must establish           
          error in respondent’s determination that they are liable for the            
          penalty provided by section 6662(a).  Rule 142(a); Estate of                
          Monroe v. Commissioner, 104 T.C. 352, 366 (1995).                           
               We conclude, however, that petitioners are liable for the              
          penalty.  Although petitioners employed a tax return preparer to            
          complete the return, they admit that they did not give complete             
          information to the preparer concerning the sale of the shares and           
          acknowledge their responsibility for the errors in the return.              
          In reporting the sale on their 1989 return, petitioners included            
          only the cash received, $67,950, and claimed a basis of $45,000,            
          which petitioner admitted at trial was incorrect.  Petitioners              
          also admit that they did not correctly report the basis of the              
          shares because petitioner did not have adequate records.                    
          Petitioner testified that he considered the basis claimed on the            
          return to be the basis in the first group of shares that he had             
          purchased in 1985.  Petitioner thus apparently reported the sale            
          of the shares as involving only a portion of the shares, even               
          though all 5,200 of the shares were redeemed by Drexel in 1989.             
          Petitioners contend that they eventually were able to correct the           
          erroneous basis claim in their 1989 return by filing an amended             




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