Frank R. Courbois - Page 20

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                      We also reject petitioner's second argument that                                   
                respondent's failure to "object" to petitioner's treatment                               
                of losses from the Cloudia during prior audit examinations                               
                proves that there was no negligence.  Petitioner testified                               
                that the first audit during which this issue was raised                                  
                was the audit that led to the subject notice of deficiency.                              
                Based upon these facts, we cannot draw the "inference"                                   
                offered by petitioner that "the position adopted by                                      
                Petitioner was not undertaken without due regard for the                                 
                rules and regulations and was adequately disclosed."                                     
                      In this case, there is ample evidence of negligence.                               
                Petitioner kept no regular records or logs of his                                        
                activities with respect to the Cloudia, he commingled                                    
                funds from his business and personal activities, and he                                  
                claimed the subject deductions despite the fact that he                                  
                had no actual and honest objective of making a profit.                                   
                Further, petitioner concedes the omission of $19,125 of                                  
                income from his legal practice.  Petitioner has offered no                               
                evidence to rebut respondent’s determination of negligence.                              
                Accordingly, we find that petitioner has not met his                                     
                burden, and we sustain respondent’s determination of the                                 
                section 6662 penalty.                                                                    
                      To reflect the foregoing,                                                          

                                                           Decision will be entered                      
                                                     under Rule 155.                                     



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