Michael G. Harvey and Penny B. Harvey - Page 2




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          indicated, section references are to the Internal Revenue Code in           
          effect for the year in issue.                                               
               The issues for decision are:  (1) Whether petitioners are              
          liable for additions to tax for negligence under section 6653(a),           
          and (2) whether petitioners are liable for the addition to tax              
          for a substantial understatement under section 6661.  The issues            
          in this case concern the participation of petitioner husband (Mr.           
          Harvey or petitioner) as a limited partner in Yuma Mesa Jojoba,             
          Ltd. (“Yuma Mesa” or “the partnership”).1                                   
               Some of the facts have been stipulated and are so found.               
          The stipulations of fact and the attached exhibits are                      
          incorporated herein by this reference.  Petitioners resided in              
          Norman, Oklahoma, on the date the petition was filed in this                
          case.                                                                       




          1The underlying deficiency in this case is based upon a                     
          computational adjustment made by respondent in accordance with              
          partnership level adjustments.  Those adjustments were upheld by            
          this Court in Cactus Wren Jojoba, Ltd. v. Commissioner, T.C.                
          Memo. 1997-504.  In that case, this Court reviewed respondent’s             
          determinations with respect to Yuma Mesa and a related                      
          partnership.  We held that the partnerships did not directly or             
          indirectly engage in research or experimentation and that the               
          partnerships lacked a realistic prospect of entering into a trade           
          or business.  In upholding respondent’s disallowance of                     
          $1,298,031 in research and experimental expenditures claimed by             
          Yuma Mesa, we described the research and development agreement              
          entered into by the partnership as “mere window dressing,                   
          designed and entered into solely to decrease the cost of                    
          participation in the jojoba farming venture for the limited                 
          partners through the mechanism of a large upfront deduction for             
          expenditures that in actuality were capital contributions.”  Id.            




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