- 15 - 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. Respondent’s determination of negligence is presumed correct, and petitioners bear the burden of proving that they were not negligent. Neely v. Commissioner, supra. See generally Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).5 With respect to the large number of Plastics Recycling cases that have come before this Court, we have seen taxpayers from all walks of life and with greatly varying levels of education and investment experience. In all such cases, there have been only two in which we held that the taxpayers were not negligent with respect to their participation in the Plastics Recycling Program, Dyckman v. Commissioner, T.C. Memo. 1999-79, and Zidanich v. Commissioner, T.C. Memo. 1995-382. Both cases involved unusual circumstances not present in the instant case, as discussed further below. 5Compare sec. 7491(c), which places the burden of production on respondent with respect to a taxpayer’s liability for penalties and additions to tax. Sec. 7491(c) is effective for court proceedings arising in connection with examinations commencing after July 22, 1998. Petitioners do not contend, nor is there evidence, that their examination commenced after July 22, 1998, or that sec. 7491 is applicable in this case. The notices of deficiency sent to petitioners with respect to the years in issue are dated Jan. 27, 1995.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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