Anthony N. and Marie M. Finazzo - Page 32





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         Klieger v. Commissioner, T.C. Memo. 1992-734; sec. 1.6661-6,                 
         Income Tax Regs.                                                             
              Even if petitioners had requested a waiver under section                
         6661(c), the record demonstrates that they failed to act                     
         reasonably and in good faith in deducting the claimed loss from              
         San Nicholas.  Petitioner’s limited discussions with Mr. Kellen, a           
         promoter of other, similar jojoba partnerships and a close                   
         personal friend and business associate of U.S. Agri’s president,             
         are insufficient to demonstrate reasonable cause and good faith.             
         Similarly, petitioners’ failure to establish the extent of any tax           
         advice received, as well as the basis on which such advice may               
         have been rendered, is further evidence of petitioners’ lack of              
         reasonable cause and good faith.  See DePlano v. Commissioner,               
         T.C. Memo. 1998-303.                                                         
              In view of the foregoing, we hold that petitioners are liable           
         for the addition to tax under section 6661(a) for substantial                
         understatement of tax liability.  Respondent’s determination is              
         sustained.                                                                   
















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