George and Myrsini Stotis - Page 18

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          attributable to the unreported $322,500 is attributable to                  
          negligence.  See sec. 6662(b); Niedringhaus v. Commissioner, 99             
          T.C. 202, 220 (1992).  However, the portion of the underpayment             
          of tax attributable to the rent-free use of the new apartment in            
          1989 is not insulated from the section 6662 penalty.                        
                    Petitioners argue that petitioner reasonably relied on            
          the advice of Spyropoulos as to the tax ramifications of the                
          surrender agreement and the sublease agreement.  Spyropoulos did            
          not provide petitioners with tax advice.  Petitioners' argument             
          that they reasonably relied on Spyropoulos is without merit.  We            
          conclude that the portion of the underpayment of tax attributable           
          to the rent-free use of the new apartment in 1989, and the entire           
          underpayments of tax for the taxable years 1990 and 1991 are                
          attributable to negligence.                                                 
               To reflect the foregoing and the concessions by the parties,           
                                                  Decision will be entered            
                                             under Rule 155.                          

















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