Herschel H. and Roberta S. Hoopengarner - Page 20

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          cause and in good faith.  See sec. 6664(c).  Whether a taxpayer             
          acted with reasonable cause and in good faith is measured by                
          examining the relevant facts and circumstances, and most                    
          importantly, the extent to which he or she attempted to assess              
          the proper tax liability.  See Neely v. Commissioner, 85 T.C. 934           
          (1985); Stubblefield v. Commissioner, T.C. Memo. 1996-537; sec.             
          1.6664-4(b)(1), Income Tax Regs.                                            
               Petitioners argue that they provided all relevant                      
          information to their tax return preparer, Gendron & Co.                     
          Petitioners, however, have provided no testimony concerning the             
          information they gave to their return preparer.  No employee from           
          Gendron & Co. testified at trial.  Additionally, we have found              
          that petitioner failed to maintain adequate records related to              
          the claimed net operating losses.  Therefore, we find the                   
          underpayment attributable to negligence or disregard of rules or            
          regulations.                                                                
               We conclude that petitioners are liable for a penalty                  
          pursuant to section 6662 for 1994, 1995, 1996, 1997, 1998, and              
          1999.                                                                       
               In reaching all of our holdings herein, we have considered             
          all arguments made by the parties, and to the extent not                    
          mentioned above, we find them to be irrelevant or without merit.            









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