James P. Shea and Patricia H. Shea - Page 32




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          1.6662-3(b)(2), Income Tax Regs., defines these actions as                  
          follows:                                                                    
               A disregard of rules or regulations is “careless” if                   
               the taxpayer does not exercise reasonable diligence to                 
               determine the correctness of a return position that is                 
               contrary to the rule or regulation.  A disregard is                    
               “reckless” if the taxpayer makes little or no effort to                
               determine whether a rule or regulation exists, under                   
               circumstances which demonstrate a substantial deviation                
               from the standard of conduct that a reasonable person                  
               would observe.  A disregard is “intentional” if the                    
               taxpayer knows of the rule or regulation that is                       
               disregarded.  * * *                                                    
          The penalty does not apply, however, if the taxpayer demonstrates           
          that he had reasonable cause for the underpayment and he acted in           
          good faith with respect to the underpayment, as required by                 
          section 6664(c).  See sec. 1.6662-3(a), Income Tax Regs.                    
               The record in this case supports a conclusion that                     
          petitioners claimed they were in a trade or business of                     
          “international transportation” in order to obtain a dollar-for-             
          dollar tax deduction for the funds invested in an attempt to                
          start a new business to purchase Russian airplanes.  In so doing,           
          petitioners ignored their own documentation which, inadequate as            
          it may be, suggests that a foreign corporation, Quotum, was the             
          entity formed to acquire the airplanes.  Petitioners’ reporting             
          position also ignored the promissory note given to James and the            
          stock certificate reflecting that Candid, not petitioners, owned            
          an interest in Quotum.  Although petitioners’ accountant                    
          testified that he researched the tax law, it appears that he did            





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