Martin and Barbara Schachter - Page 21

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               We disagree.  See Hudson v. United States, 522 U.S. __,                
          118 S. Ct. 488 (1997); Kennedy v. Mendoza-Martinez, 372 U.S. 144            
          (1963); Helvering v. Mitchell, 303 U.S. 391 (1938); Grimes v.               
          Commissioner, 82 F.3d 286 (9th Cir. 1996); and I & O Publg. Co.             
          v. Commissioner, 131 F.3d 1314 (9th Cir. 1997), affg. Ward v.               
          Commissioner, T.C. Memo. 1995-286, which are controlling on this            
          issue in favor of respondent.                                               
               Because a part of petitioners' underpayment of tax for each            
          year in issue was due to fraud, the assessment of tax                       
          deficiencies for each year is not barred by the statute of                  
          limitations.  Sec. 6501(c)(1); Meier v. Commissioner, 91 T.C.               
          273, 303 (1988).                                                            
               Respondent determined that the negligence addition to tax              
          under section 6653(a) applies to the portion of the deficiencies            
          in tax for 1986, 1987, and 1988 that are not subject to the fraud           
          addition to tax (namely, the entire amount of the deficiencies              
          other than that portion attributable to petitioner’s share of Cal           
          Ben's unreported sales).  The portions of the deficiencies                  
          against which the negligence additions to tax were determined               
          relate primarily to unsubstantiated claimed partnership business            
          expenses and the inclusion of repairs in petitioners' calculation           
          of the tax basis on the Aptos residence, issues which the parties           
          have settled.                                                               
               The negligence addition to tax will apply if, among other              
          things, the taxpayer fails to maintain adequate books and records           




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