Hyman S. and Gaile S. Zfass - Page 7

                                         -7-                                          
                                       OPINION                                        
          Issue 1.  Negligence                                                        
               Section  6653(a)(1)  provides  that  if  any  part  of  an             
          underpayment of tax is the result of negligence or intentional              
          disregard of rules or regulations, 5 percent of the underpayment is         
          added to the tax.  Section 6653(a)(2) imposes an addition to tax of         
          50 percent of the interest on the portion of the underpayment               
          attributable to negligence.  Negligence is defined as the failure           
          to exercise the due care that a reasonable, prudent person would            
          exercise under similar 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); Luman v.              
          Commissioner, 79 T.C. 846, 860-861 (1982).                                  
               Reasonable reliance on the advice of experts can be sufficient         
          to avoid the negligence penalty.  Ewing v. Commissioner, 91 T.C.            
          396, 423 (1988), affd. without published opinion and affd. without          
          published opinion sub nom. Czarneski v. Commissioner, 940 F.2d 1534         

               2(...continued)                                                        
          applicability of the sec. 6621(c) increased rate of interest on             
          petitioners’ previously determined deficiencies for 1982 and 1983           
          is not a “deficiency” attributable to an affected item requiring            
          partner level determination, and thus is not one of the                     
          adjustments in the notice of deficiency, we do not have                     
          jurisdiction to consider (in the setting presented in this case)            
          whether petitioners are liable for additional interest.  See                
          White v. Commissioner, 95 T.C. 209 (1990).                                  





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