P. David Musgrave and Barbara J. Musgrave - Page 25

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          the experience, knowledge, and education of the taxpayer.  Id.              
          Petitioners must establish error in respondent's determination              
          that they are liable for the penalty provided by section 6662(a).           
          Rule 142(a); Estate of Monroe v. Commissioner, 104 T.C. 352, 366            
          (1995).                                                                     
               Petitioners contend that the portion of the underpayment               
          resulting from the deduction of legal fees is not attributable to           
          negligence or disregard of rules or regulations.  Petitioners               
          argue that they "made a reasonable attempt to comply with the tax           
          law and did not disregard rules or regulations", as evidenced by            
          petitioner's belief "that the vast majority of the legal fees               
          were incurred in connection with the embezzlement suit and were             
          attributable to years prior to 1990", which "was supported by the           
          testimony of Mr. Cramer".  Additionally, petitioners argue that             
          the amount of the understatement subject to the penalty should be           
          reduced because petitioner, a certified public accountant,                  
          "researched the issues" and believed that the deductions were               
          supported by "substantial authority".                                       
               Respondent, on the other hand, argues that petitioners were            
          negligent in claiming a deduction for attorneys' fees incurred to           
          recover tax exempt income.  Respondent contends that there is "no           
          evidence that the attorneys' fees were paid for services rendered           
          for any purpose other than in pursuit of the life insurance                 
          proceeds."  Additionally, respondent argues that the section 6662           






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