Robert T. and Mary F. Gow - Page 49




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          presented here, we upheld the imposition of the fraud penalty under           
          section 6663(a).  Within the fraud context, we find the situation             
          in Grossman distinguishable from that involved herein. The taxpayer           
          in Grossman was a practicing lawyer specializing in Federal income            
          taxation.  He held an LL.M. in taxation from New York University              
          and had previously worked for the Internal Revenue Service.  He               
          obviously possessed a substantial level of sophistication in the              
          area of tax law.  Here, petitioners, although highly intelligent,             
          do not possess the same level of tax expertise.                               
               We recognize that petitioners have grossly undervalued the               
          stock bonus awards and charged personal items as business expenses.           
          We have no doubt that petitioners’ conduct in this case comes close           
          to the line that separates a conscious “disregard of rules or                 
          regulations” from an “intent to evade taxes believed to be owing”.            
          However, even where there is a strong suspicion of an intent to               
          evade taxes, we are hesitant to impose the section 6663(a) penalty            
          unless we are convinced that the Commissioner satisfied his burden            
          of proof.  See Toussaint v. Commissioner, 743 F.2d 309, 312 (5th              
          Cir. 1984), affg. T.C. Memo. 1984-25; Petzoldt v. Commissioner, 92            
          T.C. 661, 700 (1989).  Here, a complete review of the record has              
          convinced us that respondent has failed to do so.  Accordingly, we            
          decline to impose the fraud penalty upon petitioners.                         
               Petitioners, however, have failed to prove that they acted               
          with reasonable cause and in good faith.  Evidence in the record              






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