Estate of Romine C. Hogard, Deceased, James C. Elliott, Personal Representative, and Bill F. Stewart, Personal Representative, and Wanda L. Hogard, et al. - Page 19

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          Discussion                                                                  
               Section 6653(a) for 1979 and 1980 and section 6653(a)(1) for           
          1981, 1982, and 1983 impose an addition to tax equal to 5 percent           
          of the underpayment if any part of any underpayment in tax is due           
          to negligence or disregard of rules or regulations.  Section                
          6653(a)(2) for 1981, 1982, and 1983 imposes an addition to tax              
          equal to 50 percent of the interest payable with respect to the             
          portion of the underpayment attributable to negligence or                   
          disregard of rules or regulations.  Petitioners bear the burden             
          of proving that any underpayment was not due to negligence.  Rule           
          142(a); Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972).                 
               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 or her experience and the nature of the investment or                   
          business.  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.                     





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