Keith E. and Marilyn B. West - Page 18




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          v. Commissioner, T.C. Memo. 1997-314, we found that each Sentinel           
          EPS recycler had a fair market value not in excess of $50,000,              
          and relied heavily on the overvaluation of the recyclers in                 
          concluding that the taxpayer was negligent and liable for                   
          accuracy-related penalties.                                                 
          A.  Section 6653(a)(1) and (2) Negligence                                   
               In these cases, respondent determined that petitioners were            
          liable for additions to tax for negligence under section                    
          6653(a)(1) and (2) with respect to underpayments attributable to            
          petitioners’ investment in Masters.  In each case, petitioners              
          contend that they were not negligent because:  (1) They                     
          reasonably relied in good faith upon the advice of advisers,                
          including a competent and experienced accountant, in deciding to            
          invest in Masters, and (2) they intended to make a profit from              
          their investment in Masters.                                                
               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                






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