Patrick C. Badell and Lillian A. Badell - Page 16




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          that they acted reasonably and exercised due care in preparing              
          their 1994, 1995, and 1996 tax returns.  See sec. 6664(c)(1).               
               Petitioners concede that B&W should not have deducted as               
          office expenses in fiscal years 1995 and 1996 the cost of buying            
          PTC Bancorp stock, that the Badells should have included in                 
          income for 1994, 1995, and 1996 Badell’s fringe benefit income              
          from B&W in the form of personal use of corporate-owned                     
          automobiles and health and life insurance for which B&W paid the            
          premiums, and that the Wilsons should have included in income               
          Wilson’s fringe benefit income from B&W in the form of personal             
          use of corporate-owned automobiles and life insurance for which             
          B&W paid the premiums.  They contend that they should not be held           
          liable for negligence because they readily conceded these errors.           
          We disagree.  Petitioners provided no evidence as to the                    
          reasonableness of their position regarding these items.  They did           
          not explain how they decided to treat these items on their                  
          returns or claim that they investigated the proper treatment of             
          or had authority for their treatment of these items.  The fact              
          that they conceded their errors does not show they were not                 
          negligent.  See McCullen v. Commissioner, T.C. Memo. 1997-280.              
               Petitioners argue that B&W’s tax treatment of advanced                 
          client costs was not negligent because B&W has used the same                
          method of accounting for costs since B&W was formed and                     
          respondent had not previously challenged it.  Finally,                      






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