- 23 - amount of experience in the nuts, bolts, and fasteners distribution business. She had sufficient financial resources to form a competing firm, either alone or with co-owners. She had good relationships with customers and suppliers. Since in 1988 she worked primarily with suppliers, we believe her competitive impact would not have been a serious problem for petitioner if she operated alone. However, she could probably have offset this by affiliating with others as she did when she and others formed petitioner, and continuing to focus on suppliers. She knew how to surround herself with the necessary personnel, including salespeople, to establish a successful business. Considering the entire record, we conclude that the value of the covenant not to compete was $324,100. 7. Additions to Tax a. Negligence Respondent determined that petitioner is liable for the addition to tax for negligence under section 6653(a) for its tax year ended June 30, 1989. Petitioner has the burden of proving that it was not negligent. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Section 6653(a) imposes an addition to tax equal to 5 percent of the underpayment of tax if any part of the underpayment is due to negligence or intentional disregard of rules or regulations. Negligence includes a failure to make a reasonable attempt to comply with the provisions of the InternalPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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