-5- 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. WePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011