Jane Crocker, F.K.A. Jane C. Jacobs, et al. - Page 19

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          "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 portion             



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