Deborah K. Skyrms - Page 9

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               Section 6653(a)(1) imposes an addition to tax if any portion           
          of an underpayment is due to negligence or intentional disregard            
          of rules or regulations.  Section 6653(a)(2) imposes an addition            
          to tax in an amount equal to 50 percent of the interest due on              
          the portion of the underpayment attributable to negligence.                 
                    Negligence is defined as the failure to exercise the              
          due care that a reasonable and ordinarily prudent person would              
          employ under the circumstances.  Neely v. Commissioner, 85 T.C.             
          934, 947 (1985).  Thus, to avoid imposition of the addition to              
          tax, petitioner must prove that her actions in connection with              
          the deductions and credits from the plastics recycling venture              
          were reasonable in light of her experience and the nature of the            
          investment.  See Henry Schwartz Corp. v. Commissioner, 60 T.C.              
          728, 740 (1973); Lucas v. Commissioner, T.C. Memo. 1995-341.                
               The exact nature of the investment here is not clear from              
          the record.  No prospectus or offering memorandum was introduced,           
          few facts on the nature of the investment were stipulated, and no           
          witnesses save for petitioner testified at trial.                           
               We are able to determine from the stipulations, pleadings,             
          motions and responses of the parties that petitioner was an                 
          indirect investor in a limited partnership that generated                   
          deductions and credits based at least in part upon the value of             
          one or more plastics recycling machines.                                    








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