Michael A. Ogden - Page 14




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          do what a reasonable and prudent person would do under the                  
          circumstances.  Neely v. Commissioner, 85 T.C. 934, 947 (1985).             
          Disregard is defined to include any careless, reckless, or                  
          intentional disregard of rules or regulations.  Sec. 6662(c);               
          sec. 1.6662-3(b)(2), Income Tax Regs.                                       
               Upon review of the facts and circumstances of this case, we            
          find that petitioners are well-educated individuals with                    
          professional backgrounds.  They entered into an Amway endeavor              
          even though the Amway Business Review highlighted the fact that             
          the average gross income for active distributors was $88.                   
          Petitioners consistently hid the fact that their losses were from           
          an Amway entity.  They continued this endeavor even though the              
          result was years of substantial tax losses and years of                     
          substantial tax deductions.  We were not satisfied with their               
          purported record keeping or their testimony.  We do not believe             
          the aforesaid actions are the actions of reasonable and prudent             
          persons.  We sustain the section 6662(a) accuracy-related                   
          penalties for all 3 years in question.                                      


                                             Decisions will be entered for            
                                        respondent.                                   











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