Pamela O' Rourke - Page 5

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          of rules or regulations.  Section 6653(a)(2) imposes an addition            
          to tax in an amount equal to 50 percent of the interest due on              
          the portion of the underpayment attributable to negligence.                 
                    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).  Thus, to avoid imposition of the addition to              
          tax, petitioner must prove that her actions in connection with              
          the loss from the Barbados venture were reasonable in light of              
          her experience and the nature of the investment.  See Henry                 
          Schwartz Corp. v. Commissioner, 60 T.C. 728, 740 (1973); Lucas v.           
          Commissioner, T.C. Memo. 1995-341.                                          
               Petitioner offered very little evidence to refute                      
          respondent's determination of negligence.  The only evidence in             
          the record regarding petitioner's evaluation of the investment              
          consists of her testimony that she read certain "documents" and             
          that she relied on the recommendation of Mr. Maerki.  No                    
          prospectus or offering memorandum was introduced, no evidence of            
          the nature of the investment was offered, and no witnesses save             
          for petitioner testified at trial.  Petitioner asserted in her              
          petition that she was not negligent because she "acted under                
          advice of counsel in the preparation of the return", yet she                
          offered no evidence to support this assertion.                              
               Based upon the record in this case, we find that petitioner            
          has not overcome respondent's determination of negligence.  We              




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