Ira S. Greene and Robin C. Greene - Page 17

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          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 to           




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