Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 21

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          to negligence or intentional disregard of rules or regulations.             
          With respect to each of the years in issue, an “underpayment” is            
          defined, as applicable in this case, to be equal to the amount of           
          any deficiency.  Sec. 6653(c)(1).                                           
               Negligence is defined as the “lack of due care or failure to           
          do what a reasonable and ordinarily prudent person would do under           
          the circumstances.”  Neely v. Commissioner, 85 T.C. 934, 947                
          (1985) (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th            
          Cir. 1967), affg. in part and remanding in part on another ground           
          43 T.C. 168 (1964)); see Allen v. Commissioner, 925 F.2d 348, 353           
          (9th Cir. 1991), affg. 92 T.C. 1 (1989).  Negligence is                     
          determined by testing a taxpayer’s conduct against that of a                
          reasonable, prudent person.  Zmuda v. Commissioner, 731 F.2d                
          1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982).  Courts               
          generally look both to the underlying investment and to the                 
          taxpayer’s position taken on the return in evaluating whether a             
          taxpayer was negligent.  Sacks v. Commissioner, 82 F.3d 918, 920            
          (9th Cir. 1996), affg. T.C. Memo. 1994-217.                                 
               The Commissioner’s decision to impose the negligence                   
          addition to tax is presumptively correct.  Collins v.                       
          Commissioner, 857 F.2d 1383, 1386 (9th Cir. 1988), affg. Dister             
          v. Commissioner, T.C. Memo. 1987-217; Hansen v. Commissioner, 820           
          F.2d 1464, 1469 (9th Cir. 1987).  A taxpayer has the burden of              
          proving that respondent’s determination is erroneous and that she           






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