Philippe and Nadine Grelsamer - Page 27

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          respondent's determinations of these additions to tax are                   
          erroneous.  Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860-           
          861 (1982).                                                                 
               Section 6653(a) for 1978 and 1980, and section 6653(a)(1)              
          for 1981 and 1982, impose 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) imposes an addition to tax equal to 50 percent           
          of the interest payable with respect to the portion of the                  
          underpayment attributable to negligence or intentional disregard            
          of rules or regulations.                                                    
               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 considering the negligence addition to tax, we evaluate the            
          particular facts of each case, judging the relative                         
          sophistication of the taxpayers, as well as the manner in which             
          they approached their investment.  McPike v. Commissioner, T.C.             
          Memo. 1996-46.  Compare, e.g., Spears v. Commissioner, T.C. Memo.           
          1996-341, with Zidanich v. Commissioner, T.C. Memo. 1995-382.               






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