Lawrence R. Roberson - Page 10

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          the Internal Revenue Service by an attorney, Mark Vogel.                    
          Although Vogel did not testify in this case, petitioner claims              
          to have spoken with him and relied on that conversation as                  
          additional support for his belief that the Southampton master               
          recordings were bona fide investments.                                      
                                       OPINION                                        
               Petitioner has conceded that he is liable for the full                 
          amount of the deficiencies determined by respondent relating to             
          his Southampton master recording investment.  The only issue for            
          consideration is whether petitioner is liable for the additions             
          to tax for negligence under section 6653(a).                                
               Section 6653(a) for 1979 and 1980 and section 6653(a)(1)               
          for 1981 through 1984 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 1981 through 1984 provides             
          for an addition to tax of 50 percent of the interest on the                 
          portion of the underpayment attributable to negligence.                     
          Negligence is defined as a lack of due care or a failure to do              
          what a reasonable and ordinarily prudent person would do under              
          the circumstances.  Neely v. Commissioner, 85 T.C. 934, 947                 
          (1985).  Respondent's determination of negligence is presumed to            
          be correct, and petitioner has the burden of proving that it is             
          erroneous.  Rule 142(a); Bixby v. Commissioner, 58 T.C. 757,                





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