Michael A. Ogden - Page 13




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          of his income from other sources on his return for 1993, would              
          have put an ordinary prudent taxpayer on notice that this                   
          activity was unlikely to produce a profit.                                  
               The Ogdens carefully avoided any reference to Amway on the             
          Schedules C.  For instance, in 1993, Mr. Ogden neglected to                 
          report gross sales of $43,575 and cost of goods sold of $42,493             
          resulting in gross income of $1,082.  He reported the gross                 
          income of $1,082 and a net loss of $20,250, after deducting                 
          $21,332 in expenses.  It appears clear that Mr. Ogden should have           
          realized that his golden opportunity was not golden and that he             
          would not make a profit.  Mr. Ogden and then his wife continued             
          to suffer substantial losses for at least the next 4 years after            
          1993.  We find that petitioners' involvement with Amway enabled             
          petitioners to purchase household goods at cost and to take                 
          substantial deductions to offset their wage income, not to make a           
          profit.  We sustain respondent's determination as to the                    
          deficiencies for all 3 years in issue.                                      
               Section 6662(a) provides for an accuracy-related penalty in            
          the amount of 20 percent of the portion of an underpayment of tax           
          attributable to, among other things, negligence or disregard of             
          rules or regulations.  Sec. 6662(a) and (b)(1).  Negligence is              
          defined to include any failure to make a reasonable attempt to              
          comply with the provisions of the Internal Revenue laws.  Sec.              
          6662(c); sec. 1.6662-3(b)(1), Income Tax Regs.  Moreover,                   
          negligence is the failure to exercise due care or the failure to            




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