Janet L. Wiest - Page 34




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               Finally, petitioner relies heavily on Krause v.                        
          Commissioner, 99 T.C. 132 (1992), affd. sub nom. Hildebrand v.              
          Commissioner, 28 F.3d 1024 (10th Cir. 1994).  That case, however,           
          is distinguishable on its facts.                                            
               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.                       







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