L. Ben Smith & Carol Smith - Page 21

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          claim that they are not liable for 2001 for the accuracy-related            
          penalty under section 6662(a) because they relied on the advice             
          of a professional.                                                          
               On the record before us, we find that petitioners did not              
          have a reasonable basis in claiming the $99,980 exclusion of 2001           
          wages in their 2001 joint return.  On that record, we further               
          find that petitioners’ return position in claiming the $99,980              
          exclusion of 2001 wages was attributable to negligence.  See Van            
          Camp & Bennion v. United States, 251 F.3d at 866.                           
               On the record before us, we further find that petitioners              
          have failed to carry their burden of establishing that there was            
          reasonable cause for, and that they acted in good faith with                
          respect to, any portion of the underpayment for petitioners’                
          taxable year 2001.  See sec. 6664(c)(1); sec. 1.6664-4(b)(1),               
          Income Tax Regs.  On that record, we find that petitioners have             
          failed to carry their burden of showing any circumstances that              
          would enable us to find that they had reasonable cause for, and             
          acted in good faith in, claiming the $99,980 exclusion of 2001              
          wages in their 2001 joint return.16                                         


               16For example, petitioners have failed to show that, after             
          we issued Specking v. Commissioner, 117 T.C. 95 (2001), they                
          consulted a professional who advised them to claim the $99,980              
          exclusion of 2001 wages in their 2001 joint return.  Indeed,                
          petitioners have failed to show that, after we issued Specking,             
          they even made any efforts to consult a professional about                  
          whether to make such a claim.  See Zmuda v. Commissioner, 731               
          F.2d 1417, 1422-1423 (9th Cir. 1984), affg. 79 T.C. 714 (1982).             





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