- 22 - attributable to petitioners’ investment in Hamilton. In each case, petitioners contend that they were not negligent because: (1) They reasonably relied in good faith upon the advice of a competent and experienced accountant in deciding to invest in Hamilton, and (2) they intended to make a profit from their investment in Hamilton. Thornsjo also argues that he was not negligent because he conducted a reasonable independent investigation by consulting an unidentified Honeywell engineer and a work colleague at his place of employment. 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). When considering the negligence additions to tax, we evaluate the particular facts of each case, judging the relative sophistication of the taxpayers, as well as the manner in which they approached their investment. See McPike v. Commissioner, T.C. Memo. 1996-46.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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