William G. and Debra C. Kellen - Page 27




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              In Krause v. Commissioner, supra, we held for the taxpayers             
         on the issue of negligence.  We did so in the context of oil                 
         recovery technology based on special or unusual circumstances                
         related to the energy and oil crisis of the late 1970s and early             
         1980s:                                                                       
              In evaluating the imposition of the additions to tax                    
              in this case, and in light of the above facts                           
              (encouraging investments in and the development of                      
              tertiary oil recovery methods such as [enhanced oil                     
              recovery] technology), we are somewhat understanding of                 
              the individual investments that were made in * * *                      
              Partnerships.  In the context of the hysteria relating                  
              to the energy crisis, the oil price increases of the                    
              late 1970s, the industry and the governmental interest                  
              in [enhanced oil recovery] technology, the heavy and                    
              sophisticated promotion of these investments * * * we                   
              conclude that petitioners are not liable for the                        
              additions to tax and the additional interest element                    
              for negligence under sections 6653(a), 6653(a)(1) and                   
              (2). [Id. at 178.]                                                      
              None of the circumstances that were determinative in Krause             
         v. Commissioner, supra, are present in the case at bar.                      
         Petitioner’s reliance on the cited case is misplaced.                        
              In view of the foregoing, we hold that petitioner is liable             
         for the additions to tax under section 6653(a)(1) and (2) for                
         negligence.  Respondent’s determination is sustained.                        
         II.  Section 6661(a) Substantial Understatement of Tax Liability             
              The second issue for decision is whether petitioner is                  
         liable for an addition to tax under section 6661(a).  That                   
         section, as amended by the Omnibus Budget Reconciliation Act of              
         1986, Pub. L. 99-509, sec. 8002, 100 Stat. 1951, provides for an             






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