Jorge V. and Carol A. Geaga - Page 8

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               this title, and the term "disregard" includes any                      
               careless, reckless, or intentional disregard.                          
               To the extent that the penalty is attributable to a                    
          substantial understatement of income tax under section 6662(b)(2)           
          or to a position contrary to rules or regulations under section             
          6662(b)(1), it may be reduced if relevant facts are adequately              
          disclosed in a statement attached to the return.  The provision             
          for reduction, however, requires that the taxpayer's position               
          have a reasonable basis.  Sec. 6662(d)(2)(B)(ii)(II); sec.                  
          1.6662-3(c), Income Tax Regs.                                               
               There is no indication that petitioners ever sought                    
          professional advice concerning their deductions or the procedural           
          means for vacating decisions.  They rejected the explanations of            
          the IRS, and ultimately of the Court, out of hand.  They did not            
          have a reasonable basis for their position on their 1995 return.            
          The underpayment of their taxes for 1995 is due to intentional              
          disregard of applicable rules, and the section 6662(a) penalty is           
          sustained in full.                                                          
               Prior to and during the trial in this matter, petitioners              
          acknowledged that the $99,000 deduction was improper and that the           
          Court does not have jurisdiction to award the damages that they             
          seek.  They claim that they are merely bringing the issues before           
          the Court to secure findings that would support their charges               
          against the IRS.  Although the Court warned petitioners of the              
          applicability of section 6673 to frivolous or groundless claims,            




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