Joyce E. & Jerome G. Beery - Page 15

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          4(b)(1), Income Tax Regs.                                                   
               The record does not contain one iota of credible evidence              
          that petitioners had a reasonable basis for claiming the disputed           
          NOL carryforward deductions or that they acted in good faith by             
          doing so.  Petitioners ignored our 1996 decision in Beery I,                
          which held that petitioners cannot carry forward and apply an NOL           
          from 1975 to offset their taxable income for years beyond 1980,             
          when they prepared and filed their 1998 and 1999 returns.                   
          Petitioners continued to dispute the validity of Beery I and                
          continued to deduct an asserted 1975 NOL carryforward over a                
          period of several years, including the years at issue.                      
          Petitioners’ entire course of conduct reflects a determined                 
          effort to claim undocumented and/or unuseable NOL carryforwards             
          from 1975 over a period of many years while ignoring applicable             
          law and relevant facts.  Petitioners’ intransigence does not                
          qualify as reasonable cause for the 1998 and 1999 underpayments.            
          We sustain respondent’s determination regarding the section 6662            
          penalties.                                                                  
               We have considered the remaining arguments of petitioners              
          for results contrary to those expressed herein and, to the extent           
          not discussed above, find those arguments to be irrelevant, moot,           
          or without merit.                                                           









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