Daniel and Kristen Panice - Page 11




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          Commissioner, T.C. Memo. 1989-568.  We disagree with petitioners            
          that they had any such misunderstanding of fact sufficient to be            
          a defense to the accuracy-related penalty under section 6662(h).            
          In addition to the fact that the record is devoid of any evidence           
          establishing that petitioners relied on Bales in investing in               
          TBS 90-1 and claiming the purported loss for 1992 flowing                   
          therefrom, the case of Bales involved different participants,               
          different partnerships, and different years.  See Hansen v.                 
          Commissioner, 471 F.3d at 1032-1033; Mortensen v. Commissioner,             
          440 F.3d 375, 391-392 (6th Cir. 2006), affg. T.C. Memo. 2004-279;           
          Sanders v. Commissioner, T.C. Memo. 2005-163.                               
          5.  Conclusion                                                              
               We conclude that petitioners are liable for the section                
          6662(h) accuracy-related penalty for 1992, as determined by                 
          respondent.  See McDonough v. Commissioner, T.C. Memo. 2007-101.            
          We have considered all arguments made by petitioners for a                  
          contrary holding, and we conclude that any argument not discussed           
          herein is either irrelevant or without merit.                               

                                                  An appropriate order and            
                                             decision will be entered.                












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