- 22 - 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...)Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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