Albert J. Henry - Page 18

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          were for services rendered, although Cramer noted that Henry had            
          not yet accomplished anything of substance at the time of the               
          grant.                                                                      
                                       OPINION                                        
               Petitioners concede that they are liable for the underlying            
          income tax deficiency but contend that they are not liable for              
          the additions to tax.  In that regard, petitioners bear the                 
          burden of proof with respect to the additions to tax.  Rule                 
          142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982).                 
               Respondent argues that petitioners were negligent inasmuch             
          as they knew that:  (1) When granted, the options did not have              
          readily ascertainable fair market values; (2) the options did not           
          have fair market values of zero at the time they filed their                
          section 83(b) elections; and (3) at the time the 1982 Federal               
          income tax returns were filed, their positions were subject to              
          challenge.  Petitioners, on the other hand, contend that they did           
          not misrepresent the sale of the options, relied on professional            
          advisers, and acted in good faith in reporting the sales of the             
          options.  The success of petitioners' contentions is dependent in           
          part on their claim that they were unaware of the concerns of               
          other top echelon officers of IMED, even though Henry was a                 
          director and part of that group.                                            
               For 1982, section 6653(a)(1) provides for an addition to tax           
          equal to 5 percent of the underpayment in tax if any part of the            
          underpayment is due to negligence or intentional disregard of               



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