Beaver Bolt Inc. - Page 23

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            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 Internal                            



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