- 22 - 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.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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