Patrick C. Badell and Lillian A. Badell - Page 15




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          respondent did not raise it in a prior year.  See Hawkins v.                
          Commissioner, 713 F.2d 347, 351-352 (8th Cir. 1983), affg. T.C.             
          Memo. 1982-451; Easter v. Commissioner, 338 F.2d 968, 969 (4th              
          Cir. 1964), affg. per curiam T.C. Memo. 1964-58.                            
               Petitioners point out that the amounts B&W deducted as                 
          advanced costs were less than 5 percent of its total income for             
          fiscal years 1994 and 1995 and argue that no material distortion            
          of income or expenses would result from deducting those costs.              
          Petitioners’ argument misses the mark.  Respondent did not                  
          determine that B&W’s income was distorted by its deduction of               
          advanced client costs; instead, respondent determined, and we               
          agree, that B&W may not deduct advanced client costs because they           
          were nondeductible loans to its clients.                                    
          C.   Whether Petitioners Are Liable for the Accuracy-Related                
               Penalty for Negligence                                                 
               Petitioners contend that they are not liable for the                   
          accuracy-related penalty for negligence for 1994, 1995, and 1996.           
          We disagree.                                                                
               Taxpayers are liable for a penalty equal to 20 percent                 
          of the part of the underpayment attributable to negligence or               
          disregard of rules or regulations.  See sec. 6662(a) and (b)(1).            
          Negligence includes failure to make a reasonable attempt to                 
          comply with internal revenue laws or to exercise ordinary and               
          reasonable care in preparing a tax return.  See sec. 6662(c).  To           
          avoid liability for negligence, the Badells and Wilsons must show           





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