- 14 - 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 and no engineering or technical background. Petitioners did not independently investigate the Sentinel EPE recyclers. Petitioners contend that they were reasonable in claiming deductions and credits with respect to Bellvine's investment in Northeast and attempt to distinguish their cases from Provizer v. Commissioner, supra, by arguing that the circumstances of their investment were unique. Petitioners contend that it was reasonable for them to rely on Roberts because: (1) Kravitz had prior dealings with Roberts in real estate matters, and (2) Roberts had waived his usual commission for petitioners. Under some circumstances a taxpayer may avoid liability for the additions to tax under section 6653(a)(1) and (2) if reasonable reliance on a competent professional adviser is shown.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011