Thomas N. Carmena - Page 19




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          Petitioner is precluded from relying upon a "lack of warning" as            
          a defense to negligence, when there is no evidence that a                   
          reasonable investigation was ever made, and the offering                    
          materials contained many warnings of the tax risks associated               
          with the investment.                                                        
               On this record, the Court finds that petitioner did not                
          exercise the due care of a reasonable and ordinarily prudent                
          person under the circumstances.  Consequently, the Court holds              
          that petitioner is liable for the negligence additions to tax,              
          under section 6653(a)(1) and (2) for 1982.  Respondent is                   
          sustained on this issue.                                                    
               The second issue is whether petitioner is liable for the               
          addition to tax under section 6661(a) for a substantial                     
          understatement of tax for 1982.  Section 6661(a), as amended by             
          the Omnibus Budget Reconciliation Act of 1986, Pub. L. 99-509,              
          sec. 8002, 100 Stat. 1951, provides for an addition to tax of 25            
          percent of the amount of any underpayment attributable to a                 
          substantial understatement of income tax for the taxable year.  A           
          substantial understatement of income tax exists if the amount of            
          the understatement exceeds the greater of 10 percent of the tax             
          required to be shown on the return, or $5,000.  See sec.                    
          6661(b)(1)(A).  Generally, the amount of an understatement is               
          reduced by the portion of the understatement that the taxpayer              
          shows is attributable to either (1) the tax treatment of any item           





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