- 108 - "disregard" includes any careless, reckless, or intentional disregard. Sec. 6653(a)(3). Negligence is defined as a lack of due care or the failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Zmuda v. Commissioner, 731 F.2d 1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982); Neely v. Commissioner, 85 T.C. 934, 947 (1985). However, reasonable reliance upon expert opinion, asserted in good faith, can shield a taxpayer from section 6653(a) additions to tax. United States v. Boyle, 469 U.S. 241, 250 (1985); Collins v. Commissioner, 857 F.2d 1383, 1386 (9th Cir. 1988), affg. T.C. Memo. 1987-217. We find that Jacobs reasonably relied upon the expert opinions of Ingram and Ewing, as well as those contained in the Adamson report, when he claimed the charitable deduction at issue. Both Ingram and Ewing were licensed real estate appraisers in California. Their valuation report is detailed and complete, and was attached to Jacobs' Federal income tax return for taxable year 1986. While Jacobs has considerable knowledge regarding real estate development, we think the evidence of his knowledge falls short of requiring him to second-guess licensed appraisers. Hence, under these circumstances, we do not find Jacobs negligent. Accordingly, we hold that he is not liable for the section 6653(a) addition to tax for negligence for 1988. B. Accuracy-Related Penalties For 1989 and 1990, section 6662(a) imposes an accuracy- related penalty of an amount equal to 20 percent of the portionPage: Previous 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 Next
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