- 17 - of the underpayment attributable to negligence or intentional disregard of rules or regulations. Negligence is defined as the failure to exercise the due care that a reasonable and ordinarily prudent person would employ under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). The question is whether a particular taxpayer's actions in connection with the transactions were reasonable in light of his experience and the nature of the investment or business. See Henry Schwartz Corp. v. Commissioner, 60 T.C. 728, 740 (1973). When considering the negligence addition to tax, we evaluate the particular facts of each case, judging the relative sophistication of the taxpayers, as well as the manner in which they approached their investment. McPike v. Commissioner, T.C. Memo. 1996-46. Compare Spears v. Commissioner, T.C. Memo. 1996- 341 with Zidanich v. Commissioner, T.C. Memo. 1995-382. Petitioners maintain that they were reasonable in claiming a loss deduction and investment tax and business energy credits with respect to Resource. Petitioner argues that he reasonably relied upon the offering memorandum as well as Marcus and Hefter as qualified advisers on this matter. 1. The Private Offering Memorandum Petitioner contends that he "carefully reviewed" and relied upon the Resource offering memorandum, particularly the reports of F & G Corp.'s evaluators and the tax opinion appended to the offering memorandum. However, in view of petitioner's failure toPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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