Oreland A. and Lucille S. Thornsjo - Page 31




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          minimal and occasional inquiries do not demonstrate that                    
          petitioners were concerned with the business aspects or the                 
          economic profitability of Hamilton.  Instead, these circumstances           
          confirm petitioners’ true motivation for investing in Hamilton,             
          which was to receive tax benefits.                                          
          4.  Conclusion as to Negligence                                             
               We find that petitioners failed to exercise due care in                
          claiming large deductions and tax credits with respect to                   
          Hamilton on their Federal income tax returns.  It was not                   
          reasonable for petitioners to rely on the offering memorandum,              
          insiders to the transaction, or Schluter.  Schluter relied upon             
          the offering memorandum for the value of the recyclers.  Neither            
          Schluter nor petitioners undertook a good faith investigation of            
          the fair market value of the recyclers or the underlying economic           
          viability or financial structure of Hamilton.  Accordingly, we              
          hold that petitioners are liable for the negligence additions to            
          tax under section 6653(a)(1) and (2).                                       
          B.  Section 6659 Valuation Overstatement                                    
               In his notices of deficiency, respondent determined that               
          petitioners were liable for section 6659 additions to tax on the            
          portions of their respective underpayments attributable to                  
          valuation overstatements.  Under section 6659, a graduated                  
          addition to tax is imposed when an individual has an underpayment           
          of tax that equals or exceeds $1,000 and is attributable to a               






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