Kent J. and Ruth W. Dawson - Page 16

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          approximated $900,000, their alleged lack of interest in the tax            
          benefits generated by MSA is unconvincing.                                  
               We are also unpersuaded by petitioners' argument that                  
          because of his busy law practice and heavy responsibilities with            
          the MGM disaster litigation, he could not be expected to spend              
          time investigating the MSA partnership.  Petitioner claims that             
          he hired a financial planner so that he would not have to spend             
          his time or resources investigating potential investments.  In              
          our view, despite his numerous responsibilities, petitioner is              
          required to exercise due care with respect to his Federal income            
          taxes.  Wilson v. Commissioner, T.C. Memo. 1995-525.                        
               Based on the foregoing we find that petitioner failed to               
          establish that he acted in a reasonable and prudent manner when             
          he invested in MSA.  Accordingly, we find petitioners were                  
          negligent in claiming the loss and credits on their returns for             
          the taxable years at issue.  Respondent's determination of the              
          additions to tax under section 6653(a) for 1980 and 6653(a)(1)              
          and (a)(2) for 1981, 1982, and 1983 is sustained.                           
               We next consider whether petitioners are liable for                    
          additions to tax under section 6659.  Under this section, a                 
          graduated addition to tax is imposed when an individual has an              
          underpayment of tax that equals or exceeds $1,000 and "is                   
          attributable to" a valuation overstatement.  Sec. 6659(a), (d).             
          A valuation overstatement exists if the fair market value (or               






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