William M. Hawkins and Laura C. Hawkins - Page 14

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          negligently with respect to the underpayments of tax required to            
          be shown on petitioners’ returns.  See Pelton & Gunther v.                  
          Commissioner, T.C. Memo. 1999-339; Estate of Holland v.                     
          Commissioner, T.C. Memo. 1997-302 (positions taken on return not            
          reasonable in light of the fact that one of the executors was an            
          experienced attorney).  Furthermore, petitioners failed to                  
          maintain adequate books and records from which their Federal                
          income tax liability could be established.  See Sowards v.                  
          Commissioner, T.C. Memo. 2003-180; Brodsky v. Commissioner, T.C.            
          Memo. 2001-240; sec. 1.6662-3(b)(1), Income Tax Regs.  After                
          careful consideration of all pertinent facts and circumstances,             
          we find that petitioners did not act with reasonable cause and in           
          good faith and that the underpayments of tax required to be shown           
          on their returns are due to petitioners’ negligence.  Respondent            
          is sustained on this issue.                                                 
               Reviewed and adopted as the report of the Small Tax                    
          Division.                                                                   
               To reflect the foregoing,                                              
                                                  Decision will be                    
                                             entered under Rule 155.                  












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