- 3 - to petitioners Oreland A. and Lucille S. Thornsjo, respondent determined underpayments attributable to negligence of $10,901 and $285 for 1982 and 1983, respectively. With regard to petitioners Donald L. and Diane J. Woolf, respondent determined underpayments attributable to negligence of $27,859 and $424 for 1982 and 1983, respectively. The issues for decisions are: (1) Whether petitioners are liable for additions to tax under section 6653(a)(1) and (2) for negligence or intentional disregard of rules or regulations and (2) whether petitioners are liable for additions to tax under section 6659 for underpayments of tax attributable to valuation overstatements. FINDINGS OF FACT Some of the facts have been stipulated, and they are so found.2 Petitioners Oreland A. and Lucille S. Thornsjo resided in St. Louis Park, Minnesota, when they filed the petition in this case. Petitioners Donald L. and Diane J. Woolf resided in Chaska, Minnesota, when they filed the petition in this case. Petitioners Lawrence J. and Dorothy A. Furlong resided in White 2 It would appear that petitioners have abandoned any contention regarding the statute of limitations (the so-called Davenport issue). This Court’s opinion on that issue was affirmed by the Court of Appeals for the Eleventh Circuit. See Davenport Recycling Associates v. Commissioner, 220 F.3d 1255 (11th Cir. 2000), affg. T.C. Memo. 1998-347; West v. Commissioner, T.C. Memo. 2000-389; Kohn v. Commissioner, T.C. Memo. 1999-150; see also Klein v. United States, 86 F. Supp. 2d 690 (E.D. Mich. 1999); Clark v. United States, 68 F. Supp. 2d 1333, 1342-1346 (N.D. Ga. 1999). However, if we are mistaken in this regard, then we refer the parties to paragraphs 17 and 18 of the stipulation of facts, and we decide the Davenport issue in respondent’s favor based on the foregoing precedent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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