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provided no sufficient evidence to enable us to estimate the
amount of any business expense in excess of the amounts allowed
by respondent. Accordingly, respondent is sustained on this
issue.
Capital Gain
Respondent determined that petitioners failed to report a
capital gain on the sale of stock in the amount of $38,700 for
taxable year 1990. Petitioners presented no evidence with
respect to this issue. Accordingly, we find that petitioners
have failed to meet their burden of proving that respondent’s
determination is incorrect, and respondent’s determination is
therefore sustained.
Negligence
The next issue for our decision is whether petitioners are
liable for an addition to tax for negligence under section
6653(a)(1) for taxable year 1988 and for an accuracy-related
penalty for negligence under section 6662(a) for taxable years
1989 and 1990.
For taxable year 1988, section 6653(a)(1) imposes an
addition to tax equal to 5 percent of the underpayment if any
part of the underpayment is attributable to negligence or
intentional disregard of rules or regulations. With respect to
taxable years 1989 and 1990, section 6662(a) imposes an accuracy-
related penalty equal to 20 percent of the portion of the
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