Donald N. and Rosemarie F. Merino - Page 39

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               For the same reasons that we held petitioners negligent,               
          supra, we hold that petitioners did not have a reasonable basis             
          for the adjusted basis or valuation claimed on their tax return             
          with respect to the investment in Northeast.  The record in this            
          case does not establish an abuse of discretion on the part of               
          respondent but supports respondent's position.  We hold that                
          respondent's refusal to waive the section 6659 addition to tax in           
          this case is not an abuse of discretion.  Petitioners are liable            
          for the section 6659 addition to tax at the rate of 30 percent of           
          the underpayment of tax attributable to the disallowed tax                  
          benefits.  Respondent is sustained on this issue.                           

                                             Decision will be entered                 
                                        under Rule 155.                               























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