Roderick E. Carlson and Jeanette S. Carlson - Page 38




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          tax required to be shown in petitioners’ joint return or $5,000,            
          see sec. 6662(d)(1)(A), petitioners have failed to establish                
          there is no substantial understatement of tax under section                 
          6662(b)(2) and (d).                                                         
               We turn now to respondent’s determination under section                
          6662(a) and (b)(1).  For the reasons set forth above explaining             
          why we found that petitioners failed to show that they had a                
          reasonable basis for their position in petitioners’ joint return            
          regarding petitioners’ capital gain, we find on the record before           
          us that petitioners have failed to show that, in not reporting              
          that gain, (1) they made a reasonable attempt to comply with, and           
          did not intentionally disregard, section 1001 and the regulations           
          thereunder, including Example 8, Frazier v. Commissioner, supra,            
          and Community Bank v. Commissioner, supra, and (2) they acted               
          with due care and did what a reasonable person would do under the           
          circumstances.  We further find on that record that petitioners             
          have failed to establish that they were not negligent in failing            
          to report that gain in that return.                                         
               On the instant record, we also find that petitioners have              
          failed to show that they acted with reasonable cause and in good            
          faith with respect to the portion of the underpayment of tax for            
          1993 that is attributable to petitioners’ capital gain.  See sec.           
          6664(c).                                                                    
               Based on our examination of the entire record before us, we            






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