Edward S. Cullin - Page 19

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                construe petitioner's latter argument as invoking section                                
                6664(c), the reasonable cause exception to the accuracy-                                 
                related penalty.                                                                         
                      Based upon the facts and circumstances of this case,                               
                we find that petitioner has failed to meet his burden of                                 
                proving that he is not liable for the accuracy-related                                   
                penalty.  On the subject returns, petitioner labeled the                                 
                deduction of his commodity trading losses as "Research &                                 
                Experimentation to Improve Trading System Formula for                                    
                Sale".  That label suggests that petitioner claimed the                                  
                amounts as research or experimental expenditures under                                   
                section 174.  Neither of petitioner's returns discloses                                  
                the fact that the subject amounts are losses from trading                                
                commodity futures.  Significantly, as mentioned above,                                   
                petitioner did not pursue the claim that the subject                                     
                amounts are research or experimental expenditures in his                                 
                post-trial brief.  Moreover, we know of no authority                                     
                permitting losses from the sale or exchange of capital                                   
                assets to be treated as ordinary in these circumstances.                                 
                Finally, we are not convinced that the underpayment was the                              
                result of an honest misunderstanding of fact or law that is                              
                reasonable in light of the facts and circumstances of this                               
                case.                                                                                    








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