Joseph and Susan L. Ferraro - Page 25




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          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.                              




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