Myron Barlow and Arlene Barlow - Page 28




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          79 T.C. 846, 860-861 (1982); Bixby v. Commissioner, 58 T.C. 757,             
          791-792 (1972); see Rule 142(a); INDOPCO, Inc. v. Commissioner,              
          503 U.S. 79, 84 (1992); Welch v. Helvering, 290 U.S. 111, 115                
          (1933).13                                                                    
               Section 6653(a)(1) and (2) imposes additions to tax if any              
          part of the underpayment of tax is due to negligence or                      
          intentional disregard of rules or regulations.  Negligence is                
          defined as the failure to exercise the due care that a reasonable            
          and ordinarily prudent person would exercise under the                       
          circumstances.  See Neely v. Commissioner, 85 T.C. 934, 947                  
          (1985).  The pertinent question is whether a particular                      
          taxpayer's actions are reasonable in light of the taxpayer's                 
          experience, the nature of the investment, and the taxpayer's                 
          actions in connection with the transactions.  See Henry Schwartz             
          Corp. v. Commissioner, 60 T.C. 728, 740 (1973).  In this regard,             
          the determination of negligence is highly factual.  "When                    
          considering the negligence addition, we evaluate the particular              
          facts of each case, judging the relative sophistication of the               
          taxpayers as well as the manner in which the taxpayers approached            
          their investment."  Turner v. Commissioner, T.C. Memo. 1995-363.             
               Under some circumstances, a taxpayer may avoid liability for            


               13  Cf. sec. 7491(c), effective for court proceedings                   
          arising in connection with examinations commencing after July 22,            
          1998.  In the present cases, the examination of petitioners’                 
          income tax returns for 1982 through 1985 commenced well before               
          July 22, 1998.                                                               





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