Allen M. Glick - Page 28

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          under section 6653(a)(1)(B) for 1987.  Under section                        
          6653(a)(1)(B), an addition to tax (equal to 50 percent of the               
          interest payable under section 6601) is imposed with respect to             
          the portion of the underpayment attributable to negligence.                 
          Respondent determined that the entire 1987 underpayment resulting           
          from petitioner's improper deduction was attributable to                    
          negligence on petitioner's part.                                            
               Negligence has been defined as the 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 determinations are presumed correct, and petitioner            
          bears the burden of proving otherwise.  Rule 142(a); Luman v.               
          Commissioner, 79 T.C. 846, 860-861 (1982).  However, reasonable             
          reliance upon expert opinion, asserted in good faith, can shield            
          a taxpayer from section 6653(a) additions.  United States v.                
          Boyle, 469 U.S. 241, 250 (1985); Collins v. Commissioner, 857               
          F.2d 1383, 1386 (9th Cir. 1988), affg. T.C. Memo. 1987-217.                 
               We find that petitioner reasonably relied upon the expert              
          opinion of Mr. Handverger when claiming the charitable deduction            
          in issue, and, therefore, he is not liable for additions or an              
          accuracy-related penalty.  Mr. Handverger was and remains a                 
          licensed real estate appraiser in the Commonwealth.  His                    
          valuation report on the Property is detailed and complete.  In              
          addition, petitioner previously received a bona fide offer to               
          purchase the Property for $10 million plus 20 percent of the                




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