Stephen H. Glassley and Judith Glassley, et al. - Page 82

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          been in actuality contributions to capital.  Based on the record,           
          we conclude that petitioners Glassley and Houser knew, or should            
          have known, that JDP's payments to HJI were not made for the                
          purposes stated in the R & D Agreement.  We conclude further that           
          they nonetheless deliberately disregarded respondent's rules and            
          regulations in claiming as research or experimentation                      
          expenditures on their tax returns for the years in issue the bulk           
          of their capital contributions for the right to participate in              
          HJI's jojoba farming enterprise.                                            
               Accordingly, we hold that petitioners Glassley and Houser              
          are liable for the negligence additions to tax under the                    
          provisions of section 6653(a)(1) and (2).  Respondent is                    
          sustained on this issue.                                                    
               2.  Dr. Mahoney                                                        
               Dr. Mahoney did not testify at trial and he has presented no           
          evidence on this issue.  Consequently, Dr. Mahoney has failed to            
          carry his burden of showing that, in claiming the disputed                  
          deductions, he was not negligent or did not intentionally                   
          disregard respondent's rules and regulations.  Accordingly, he              
          also is liable for the negligence additions to tax under the                
          provisions of section 6653(a)(1) and (2).  Respondent is                    
          sustained on this issue.                                                    
          C.  Increased Interest                                                      
               Respondent determined in the notices of deficiency that the            
          increased interest under section 6621(c) applied to petitioners             




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