Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 22

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          did what a reasonably prudent person would have done under the              
          circumstances.  See Rule 142(a); Hansen v. Commissioner, supra;             
          Hall v. Commissioner, 729 F.2d 632, 635 (9th Cir. 1984), affg.              
          T.C. Memo. 1982-337; Bixby v. Commissioner, 58 T.C. 757, 791                
          (1972).8                                                                    
               A central theme in petitioner’s arguments concerning several           
          issues in this case, including whether she was negligent, is her            
          assertion that she was not an investor in RCR #1.  We therefore             
          address this factual issue before addressing petitioner’s                   
          liability for the additions to tax for negligence.                          
               There is little documentary evidence in the record                     
          concerning the initial investment in RCR #1 by Mr. Barnes and               
          petitioner.  Most notably, none of the original partnership                 
          agreements were received into evidence.  Thus, there is no                  
          documentary evidence corroborating petitioner’s assertion that              
          she did not sign the original documents.  The record does include           
          a Schedule K-1 that was issued by RCR #1 to Mr. Barnes in 1981.             
          Petitioner argues that this document shows that she was not an              
          investor in the partnership.  Based on the record as a whole,               
          however, we decline to give the Schedule K-1 such significant               


          8Sec. 7491, as currently in effect, shifts the burden of                    
          production and/or proof to the Commissioner in certain                      
          situations.  However, this section is not applicable in this case           
          because the underlying examination did not commence after July              
          22, 1998.  Internal Revenue Service Restructuring and Reform Act            
          of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727.                      





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