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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.
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