Peter and Ursula Reimann, et al. - Page 22

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          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).              
               Petitioners in these consolidated cases contend that they              
          were reasonable in claiming deductions and credits with respect             
          to the Partnerships.  To support their contentions, they allege,            
          in general terms, that they relied upon the advice of qualified             
          advisers, and that they expected an economic profit in light of             
          the so-called oil crisis in the United States during 1981.  In              
          each of the cases before us, petitioners' investigation of the              
          Partnership transactions and the Sentinel EPE recyclers was                 
          limited to conversations with Bachmann and Greene, respectively,            
          and in varying degrees, a review of the offering memoranda.7                


          7    It is unclear from the records to what extent Abramson                 
          influenced any of petitioners' decisions to invest in the                   
          Partnerships.  While Abramson participated in the purported                 
          investigation of the Partnerships, petitioners' testimony                   
          indicates that their reliance was placed predominantly on                   
          Bachmann and Greene.  Abramson's generally vague and indefinite             
          testimony in these cases supports the conclusion that he was not            
                                                             (continued...)           


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