Edward L. Provost and Vicky L. Provost - Page 24




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          determination of whether a taxpayer acted in good faith is made             
          on a case-by-case basis, taking into account all the pertinent              
          facts and circumstances.  See Compaq Computer Corp. v.                      
          Commissioner, 113 T.C. 214, 226 (1999); sec. 1.6664-4(b)(1),                
          Income Tax Regs.  Petitioners have the burden of proof on this              
          issue.  See Rule 142(a); Allen v. Commissioner, supra.                      
               Petitioners argue that they acted in good faith in                     
          determining the correct tax treatment of the $200,000 advance.              
          Petitioners’ argument is that the Internal Revenue Service                  
          audited their 1991 joint Federal income tax return, upon which              
          they had claimed a similar business bad debt deduction that was             
          ultimately allowed, and that they are entitled to rely on the               
          result in the prior audit.  Respondent argues that petitioners              
          acted negligently or with disregard of the rules or regulations             
          because petitioner manipulated the form of the transaction in               
          order to obtain an ordinary loss deduction in the event the                 
          Corbin project did not succeed.  Respondent further argues                  
          petitioners have not shown reasonable cause or that they acted in           
          good faith.  We agree with respondent that petitioners have not             
          shown reasonable cause or that they acted in good faith as                  
          required by section 6664(c).                                                
               Petitioner testified that in 1991 he was consulting for                
          O’Neill & Associates, which went into bankruptcy, that he claimed           
          a business bad debt deduction for an advance made in connection             






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