- 13 - partnership loss that petitioners had not eliminated on the amended return. The assessment reflected a total tax liability for 1983, in respect of partnership items relating to Mid Continent, of $23,194 less the $18,194 that petitioners had previously designated as tax and remitted with their amended return. On December 29, 1993, and February 9, 1994, respondent mailed notices of deficiency to petitioners in which there were determined additions to tax for negligence under section 6653(a)(1) and (2) for the taxable years 1983 and 1984, respectively. The additions to tax are affected items in that they are based on tax owing by petitioners as a result of adjustments to partnership items appearing on Mid Continent’s partnership returns for 1983 and 1984. OPINION Petitioners argue that they are not subject to the additions to tax for negligence because: (1) The Internal Revenue Code should not punish negligent investing, only negligence in reporting tax obligations; (2) they, unsophisticated investors, relied in good faith upon the advice of a competent, independent professional on an investment activity known to be risky; and (3) if they are found to have been negligent, the payment of tax with the amended return for 1983 eliminates or reduces the 1983 yearPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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