Anthony J. and Claire L. Pace - Page 13

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          burden of proving that respondent's determination is erroneous.             
          Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982).            
               In an amendment to answer, respondent asserted that                    
          petitioners Pace were liable for the negligence additions to tax            
          under section 6653(a)(1) and (2).  Because these additions to tax           
          were raised for the first time in respondent's amendment to                 
          answer, respondent bears the burden of proof on this issue.  Rule           
          142(a); Vecchio v. Commissioner, 103 T.C. 170, 196 (1994).                  
               Section 6653(a)(1) imposes an addition to tax equal to 5               
          percent of the underpayment if any part of an underpayment of tax           
          is due to negligence or intentional disregard of rules or                   
          regulations.  In cases involving negligence, an additional amount           
          is added to the tax under section 6653(a)(2); such amount is                
          equal to 50 percent of the interest payable with respect to 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).  The question is whether a particular taxpayer's actions            
          in connection with the transactions were reasonable in light of             
          his experience and the nature of the investment or business.  See           
          Henry Schwartz Corp. v. Commissioner, 60 T.C. 728, 740 (1973).              
               When petitioners claimed the disallowed deductions and tax             
          credits, they had no knowledge of the plastics or recycling                 
          industries.  Petitioners contend that they reasonably relied on             




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