- 25 - the investment economically sound as to petitioner.6 We therefore sustain respondent's determination regarding the underlying deficiency. Issue 2. Section 6653(a)(1) and (2) Negligence Respondent determined that petitioners are liable for additions to tax under section 6653(a)(1) and (2) with respect to the underpayment attributable to petitioners' investment in Clearwater. Respondent contends that it was not reasonable for petitioner to invest in Clearwater without conducting an independent investigation as to whether the transactions were an economic sham, or more importantly, for petitioners to claim tax benefits from such investment relying simply on the Clearwater private offering memorandum. 6 Petitioners imply that we should adopt a subjective test, i.e., consider factors listed in sec. 1.183-2(b), Income Tax Regs., in deciding whether the Clearwater transactions were an economic sham. In this regard, petitioners contend that the investment in Clearwater was made with a "reasonable objective" of making a profit, thus negating the conclusion that the Clearwater transactions were an economic sham. We disagree. On the basis of the record in this case, the contention that petitioner entered into the Clearwater transactions with a reasonable objective of making a profit is meritless. However, in deciding whether the Clearwater transactions were an economic sham, we find it unnecessary to discuss in any detail the factors that lead us to conclude that petitioner did not invest in Clearwater with the reasonable objective of making a profit. Cf. McCrary v. Commissioner, 92 T.C. 827 (1989). For a discussion of the professed reasonableness of petitioner's expectation of making a profit from the Clearwater transactions, see Issue 2, infra, where we decide whether petitioners are liable for the additions to tax under sec. 6653(a)(1) and (2) for negligence or intentional disregard of rules or regulations.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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