Thomas A. and Maria M. Hagman - Page 13




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          i.e, that they made a reasonable attempt to comply with the                  
          provisions of the Internal Revenue Code and that they were not               
          careless, reckless, or in intentional disregard of the rules or              
          regulations.                                                                 
               We sustain respondent’s determination.  In determining                  
          whether petitioners were negligent in the preparation of their               
          return, we take into account Mr. Hagman’s years of business                  
          experience.  Glenn v. Commissioner, T.C. Memo. 1995-399, affd.               
          without published opinion 103 F.3d 129 (6th Cir. 1996).                      
          Petitioners’ explanation of the Buck Sales issue was vague and               
          confusing, and they have failed to show that they were not                   
          negligent with respect to their $76,000 deduction for purported              
          investments in Buck Sales.  Because we have found that part of               
          petitioners’ underpayment for 1988 was due to negligence, the 5-             
          percent addition to tax provided in section 6653(a)(1) applies to            
          the entire underpayment regardless of whether the balance of the             
          underpayment was due to negligence.                                          
               Petitioners conceded part of the underpayment for 1989 and              
          also failed to address the question of negligence on those                   
          concessions.  With respect to the disputed issue for 1989 (the               
          bad debt deduction), petitioners claimed that the notes were                 
          worthless at a time when they were actively trying to collect on             
          the notes in State court.  Petitioners do not provide us with a              
          satisfactory explanation of this inconsistency and are therefore             
          liable for the section 6662(a) accuracy-related penalty with                 
          respect to this issue.  Due to petitioners’ failure to present               


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