Albert J. Henry - Page 24

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          proceeds were not properly characterized as long-term capital               
          gain.  In particular, in March 1980, Henry exercised the right to           
          acquire 4,000 shares of IMED common stock for $13 per share.                
          Later, Henry sold these shares of stock on October 16, 1980, for            
          $190,000.  Thus, petitioners sold the shares for $47.50 per                 
          share, some $34.50 more than the option price.  Moreover, Henry's           
          education and work experience enabled him to value stock and                
          growth projections for companies.  Consequently, Henry knew or              
          should have known that the section 83(b) election, which he                 
          signed in September of 1979, was invalid insofar as it stated               
          that the fair market value of the 1979 options was zero.                    
               Also, petitioners cannot rely on Hendrickson's statements              
          made concerning the election nor the IMED form letter obtained on           
          September 14, 1979, to negate additions to tax for negligence               
          attributable to their 1982 return.  In general, petitioners had             
          an obligation to independently verify their own proper income tax           
          liability.  In other words, petitioners failed to ask pertinent             
          questions or even make a cursory investigation beyond the                   
          information provided to them concerning the IMED stock options.             
          See LaVerne v. Commissioner, 94 T.C. 637, 652-653 (1990), affd.             
          without published opinion sub nom. Cowles v. Commissioner, 949              
          F.2d 401 (10th Cir. 1991), affd. without published opinion 956              
          F.2d 274 (9th Cir. 1992); see generally sec. 1.6661-6(b), Income            
          Tax Regs.  Moreover, the duty of filing accurate tax returns                





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