Dean L. and Cynthia D. Sanders - Page 24





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          1995.  We believe that petitioners enjoyed the ranch lifestyle,             
          were wealthy enough to indulge that lifestyle without too much              
          concern for costs (remember, they did not always open their bank            
          statements), and, at least during their years on the Arkansas               
          ranch, viewed the Schedule F activity as an integral part of that           
          lifestyle (without regard to profitability).                                
                    9.  Success in Similar Activities                                 
               Petitioner did not demonstrate success in carrying on any              
          similar activity.  See sec. 1.183-(2)(b)(6), Income Tax Regs.               
               E.  Conclusion                                                         
               During the years in issue, the Schedule F activity was not             
          an activity engaged in for profit.  Respondent’s determination of           
          a deficiency based on that determination is sustained.                      
          II.  Section 6662(a) Accuracy-Related Penalties                             
               Section 6662 provides for an accuracy-related penalty in the           
          amount of 20 percent of the portion of any underpayment                     
          attributable to, among other things, negligence or intentional              
          disregard of rules or regulations (hereafter, simply,                       
          negligence).  Respondent determined section 6662 penalties                  
          against petitioners for their negligence in deducting the farm              
          losses shown on the 1992 and 1993 Schedules F.  Negligence has              
          been defined as the failure to exercise the due care of a                   
          reasonable and ordinarily prudent person under like                         
          circumstances.  See Neely v. Commissioner, 85 T.C. 934, 947                 





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