Terence M. Bennett - Page 25

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            Commissioner, 85 T.C. 731, 743 (1985).  Petitioner has not shown                            
            that he is entitled to a basis in any of the automobiles in issue                           
            in excess of that determined by respondent.                                                 
                  Respondent also determined that petitioner is liable for an                           
            addition to tax for negligence or intentional disregard of rules                            
            or regulations.  Section 6653(a)(1)(A) imposes an addition to tax                           
            equal to 5 percent of the entire underpayment if any part of the                            
            underpayment is due to negligence.  Section 6653(a)(1)(B) imposes                           
            an addition to tax equal to 50 percent of the interest payable                              
            under section 6601 with respect to the portion of the                                       
            underpayment that is due to negligence.  This Court has defined                             
            negligence as a lack of due care or failure to do what a                                    
            reasonable and ordinarily prudent person would do under the                                 
            circumstances.  McGee v. Commissioner, 979 F.2d 66, 71 (5th Cir.                            
            1992), affg. T.C. Memo. 1991-510; Neely v. Commissioner, 85 T.C.                            
            934, 947 (1985).                                                                            
                  We have declined to sustain additions to tax for negligence                           
            where taxpayers have relied reasonably and in good faith on the                             
            advice of tax experts.  Metra Chem Corp. v. Commissioner, 88 T.C.                           
            654, 662 (1987); Weis v. Commissioner, 94 T.C. 473, 487 (1990).                             
            To demonstrate such good faith reliance, taxpayers must establish                           
            that they supplied their return preparer with all necessary                                 
            information, and the incorrect return was a result of the                                   
            preparer's mistakes.  Weis v. Commissioner, supra at 487; Pessin                            
            v. Commissioner, 59 T.C. 473, 489 (1972).  Respondent's                                     




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