David and Ira Kaye Kessel - Page 6




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          losses of $20,919 from Utah I.  Utah I was eventually audited,              
          and the matter was resolved in Utah Jojoba I Research v.                    
          Commissioner, T.C. Memo. 1998-6, which found that the activities            
          of the partnership did not constitute a trade or business and               
          that the agreements between the partnership and U.S. Agri                   
          Research & Development Corp. had been designed and entered into             
          solely to provide a mechanism to disguise the capital                       
          contributions of limited partners as currently deductible                   
          expenditures.                                                               
               As noted, in the notice of deficiency issued on July 17,               
          1998, respondent determined that petitioners are liable for                 
          additions to tax for negligence pursuant to section 6653(a)(1)              
          and (2) and for a substantial understatement addition to tax                
          pursuant to section 6661.                                                   
               Section 6653(a)(1) imposes an addition to tax in an amount             
          equal to 5 percent of an underpayment of tax if any part of the             
          underpayment is due to negligence or intentional disregard of               
          rules or regulations.  Section 6653(a)(2) imposes an addition to            
          tax in an amount equal to 50 percent of the interest due on the             
          portion of the underpayment attributable to negligence or                   
          intentional disregard of rules or regulations.                              
               Respondent maintains that petitioners' underpayment was due            
          to negligence.  Negligence is defined as the failure to exercise            







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