- 82 - 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 petitionersPage: Previous 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Next
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