- 15 - Petitioner also argues that his own investigation of the music industry constituted sufficient inquiry into the Southampton investment to preclude imposition of section 6653(a) negligence additions. Negligence additions may be imposed if a taxpayer fails to exercise due diligence in an investigation into the bona fides of an obviously suspect transaction. Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992), affg. T.C. Memo. 1991-179; LaVerne v. Commissioner, supra at 652-653. Petitioner's education and experience as a financial analyst should be considered in determining whether he was negligent in failing to conduct a good faith investigation of the Southampton master recording program. Leuhsler v. Commissioner, supra; Freytag v. Commissioner, 89 T.C. at 887- 889. On its face, the Southampton investment should have raised serious questions in the minds of ordinarily prudent investors. The fact that Southampton leased petitioner a one-fourth interest in a master recording purportedly worth $850,000 for a total of $10,500 which immediately generated an investment tax credit of $21,250 as well as deductions equal to the amount of all lease payments made should have prompted petitioner to look beyond the promotional materials and to investigate the economic viability of the venture. See Allen v. Commissioner, 925 F.2d 348, 353 (9th Cir. 1991), affg. 92 T.C. 1 (1989) (taxpayersPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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