Oreland A. and Lucille S. Thornsjo - Page 22




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          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.                






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