David C. Wilson - Page 17

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          respondent asserted that Wilson was liable for the negligence               
          additions to tax under section 6653(a)(1) and (2) for 1981, and             
          that Sorey was liable for the negligence additions to tax under             
          section 6653(a) for 1978 and 1979.  Because these additions to              
          tax were raised for the first time in respondent's amendments to            
          answer, respondent bears the burden of proof on these issues.               
          Rule 142(a); Vecchio v. Commissioner, 103 T.C. 170, 196 (1994).             
               Section 6653(a) for 1978 and 1979 and section 6653(a)(1) for           
          taxable year 1981 provide for 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.  Section 6653(a)(2) for taxable year 1981 provides             
          for an addition to tax 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).                                      
               As a result of their investments in EI, petitioners had                
          available to them investment tax and business energy credits with           
          respect to EI's investment in Clearwater that exceeded their                




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