Robert D. and Carol A. Berryman - Page 11




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          “negligence” includes any failure to make a reasonable attempt to           
          comply with the provisions of the Internal Revenue Code, and any            
          failure to keep adequate books and records or to substantiate               
          items properly, and the term “disregard” includes any careless,             
          reckless, or intentional disregard.  Sec. 6662(c); sec.                     
          1.6662-3(b)(1) and (2), Income Tax Regs.  No penalty shall be               
          imposed if it is shown that there was reasonable cause for the              
          underpayment and the taxpayer acted in good faith with respect to           
          the underpayment.  Sec. 6664(c).                                            
               While petitioners are by no means sophisticated in matters             
          related to tax, the manner in which petitioners operated their              
          purported business and the character of the deductions claimed as           
          part of that purported business, convince us that the                       
          underpayment of tax for each year was attributable to a disregard           
          of the rules and regulations.  For instance, petitioners claimed            
          deductions for the cost of cat litter, a Dish Network                       
          subscription, and a life insurance policy.                                  
               Petitioners rely on Nitschke v. Commissioner, T.C. Memo.               
          2000-230, for support that Melaleuca is a business.  In Nitschke,           
          the Commissioner challenged whether certain claimed expenses of             
          the taxpayer, related to Melaleuca activities, were ordinary and            
          necessary under section 162(a) and did not challenge whether the            
          taxpayer was operating their Melaleuca activities for profit.               
          Thus, our decision in Nitschke is of no relevance to whether                







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