- 5 - 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 exercisePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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