Claude D. Mayo, Sr. and Lessie M. Mayo - Page 10




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               Petitioner is a lineman for the power company, and his wife            
          is a brusher with a furniture company.  They are not                        
          sophisticated with respect to financial matters.  Petitioners’              
          returns were prepared by a professional tax return preparer.  We            
          have recognized that reliance on the advice of a professional is            
          a factor to be considered in determining whether a taxpayer uses            
          reasonable care.  See id. at 888.  Moreover, while we conclude              
          that the Schedule C losses are not deductible because the                   
          activity was not entered into for profit, there are factors that            
          may be viewed as being favorable to petitioners.  Accordingly, we           
          do not sustain the section 6662(a) penalties.                               
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                                  Decision will be entered            
                                             under Rule 155.                          






















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