Sheldon M. Sisson - Page 7

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          that a deficiency of $67,030 in petitioner's income tax for 1983,           
          resulting from an adjustment of petitioner's share of the                   
          disallowed partnership items of Woodchuck and Wolverine, was                
          subject to an addition to tax for negligence of $3,351.50 (plus             
          50 percent of the interest due on $67,030).  Respondent further             
          determined that the deficiency was subject to a $16,757.50                  
          addition to tax for substantial understatement of tax liability.            
                                       OPINION                                        
          I.   Addition to Tax for Negligence Under Section 6653(a)(1)                
               Section 6653(a) imposes an addition to tax for underpayments           
          attributable to negligence or disregard of rules or regulations.            
          The term "negligence" is defined as the failure to exercise the             
          due care that a reasonable and ordinarily prudent person would              
          exercise under the circumstances.  Zmuda v. Commissioner, 731               
          F.2d 1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982); 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); Goldman v. Commissioner, 39 F.3d 402, 406 (2d Cir. 1994),           
          affg. T.C. Memo. 1993-480.                                                  
               In essence, we must decide whether petitioner was reasonable           
          in taking deductions relating to his investment in Wolverine and            
          Woodchuck.  We conclude that he was not.                                    
               This Court has held that a taxpayer who is a tax attorney              
          will be held to a higher standard of reasonableness than a person           




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