- 31 - 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 aPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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