-33- Little v. Commissioner, 106 F.3d at 1449-1451, 1451-1453. Osteen does not affect our analysis in the instant case. For completeness, we note that respondent’s reliance on Sacks v. Commissioner, T.C. Memo. 1994-217, also is misplaced. In Sacks, the taxpayers invested in a tax shelter, the prospectus for which projected that in the first 3 years of the investment the taxpayers would be able to deduct 350 percent of their cash outlay. The prospectus prominently displayed the fact that the investment had significant tax risks and could well be challenged by the Internal Revenue Service. We held the taxpayers were liable for the negligence additions to tax, and the Court of Appeals affirmed. Sacks v. Commissioner, 82 F.3d 918 (9th Cir. 1996), affg. T.C. Memo. 1994-217. There is no indication in the record in the instant case that petitioner’s deductions exceeded his actual cash outlays or that petitioner engaged in his videotape activity for any substantial tax reduction purpose. We have held, supra, that petitioner did not engage in his videotape activity for profit. By the time of the years in issue, a reasonable and ordinarily prudent person would have sought competent advice on the deductibility of the expenses of this videotape activity. Petitioner failed to make a reasonable attempt to do so. We conclude, and we have found, on the basis of the preponderance of the evidence, that petitioner was negligent and that the entirePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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