Thomas E. and Joan A. Bennett - Page 15

                                       - 15 -                                         
               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).                                      
               Petitioners each contend that they were reasonable in                  
          claiming deductions and investment credits with respect to their            
          investment in Empire.  To support this contention, petitioners              
          each allege, in general terms, the following:  (1) That claiming            
          the deductions and credits with respect to Empire was reasonable            
          in light of a so-called oil crisis in the United Sates in 1981,             
          and (2) that in claiming the deductions and credits, petitioners            
          reasonably relied upon Gallagher and the offering materials.                
               Petitioners argue, in general terms, that they were                    
          reasonable in claiming the deductions and credits related to                




Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011