David E. and Cheryl G. Smith - Page 19

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               Negligence has been defined as "a lack of due care or a                
          failure to do what a reasonable person would do under the                   
          circumstances."  Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th           
          Cir. 1992), affg. T.C. Memo. 1991-179.  Respondent's                        
          determination of negligence is presumed to be correct, and the              
          taxpayer has the burden of proving that the determination is                
          erroneous.  Rule 142(a).  Therefore, petitioners must prove that            
          they were not negligent, i.e., that they made a reasonable                  
          attempt to comply with the provisions of the Internal Revenue               
          Code, and that they were not careless, reckless, or in                      
          intentional disregard of rules or regulations.  Sec. 6662(c);               
          sec. 1.6662-3(b), Income Tax Regs.                                          
               We sustain respondent's determination.  In determining                 
          whether petitioners were negligent in the preparation of their              
          returns, we take into account petitioner Mr. Smith's business               
          experience.  Glenn v. Commissioner, supra.  Additionally, the               
          size of the tax losses claimed by petitioners in relation to the            
          revenue earned from the dog-breeding and showing activity                   
          combined with the substantial enjoyment that petitioners derived            
          from the activity created a situation that was "too good to be              
          true" within the meaning of section 1.6662-3(b)(1)(ii), Income              
          Tax Regs.  Accordingly, petitioners are liable for the section              
          6662(a) penalties.                                                          
               A different result must be reached with respect to the                 
          section 6662(a) penalties that respondent sought by way of an               



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