Camille D. Sands, et al. - Page 19

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          Star agreed to purchase the chlor-alkali system from Eltech,                
          Murphy reviewed financial projections prepared by Micro-Bio.                
          Based on this information, Murphy concluded that the purchase of            
          the chlor-alkali system was a sound investment for Lone Star.               
          Technical problems after installation sapped the chlor-alkali               
          system of its profit potential.  We find section 6621(c)                    
          inapplicable under these circumstances.                                     
               2.  Additions to Tax for Negligence                                    
               Respondent determined that Sands is liable for additions to            
          tax for negligence under section 6653(a)(1) and (2) for the                 
          taxable years 1984 and 1985 and section 6653(a)(1)(A) and (B) for           
          the taxable year 1986.  Section 6653(a)(1) imposes an addition to           
          tax equal to 5 percent of the underpayment of tax if any part of            
          the underpayment is due to negligence or intentional disregard of           
          rules or regulations.  Section 6653(a)(2) imposes an addition to            
          tax equal to 50 percent of the interest payable on the portion of           
          the underpayment that is attributable to negligence.  For 1986,             
          section 6653(a)(1)(A) imposes an addition to tax equal to 5                 
          percent of the underpayment if any part of the underpayment is              
          attributable to negligence, and section 6653(a)(1)(B) imposes an            
          addition to tax equal to 50 percent of the interest payable on              
          the portion of the underpayment that is attributable to                     
          negligence.                                                                 
               Negligence is defined as the lack of due care or the failure           
          to do what a prudent person would do under the circumstances.               




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