Arlan L. Rower and Sandra M. Howard - Page 27

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          facts to provide informed advice with respect to petitioners'               
          1993 return and 1993 amended return.  See Freytag v. Commis-                
          sioner, 89 T.C. at 888.                                                     
               Based on the record before us, we find that petitioners have           
          failed to satisfy their burden of proving that they did not act             
          negligently with respect to their underpayment for 1993.  Accord-           
          ingly, we sustain respondent's determination for that year                  
          imposing the accuracy-related penalty under section 6662(a).                
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             for respondent.                          











          10(...continued)                                                            
          that a taxpayer can have a loss for 2 years and presume that a              
          deduction for that loss is valid.  Publication 334 is based on              
          sec. 183(d), which, as pertinent here, makes it clear that a                
          presumption with respect to a taxpayer's profit objective in                
          conducting an activity arises only if for three out of five                 
          consecutive taxable years the gross income that such taxpayer               
          derives from that activity exceeds that taxpayer's deductions               
          attributable to that activity.                                              






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