Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 31

                                       - 31 -                                         
          refund of $22,536.  Petitioner was not an uneducated person, yet            
          she took these actions without consulting an independent adviser            
          concerning the viability of the partnership as an investment                
          vehicle, or concerning the validity of the tax claims being made            
          with respect thereto.  Instead, on both fronts petitioner relied            
          completely on Mr. Hoyt--the promoter of the partnership and the             
          same person who was retaining the bulk of petitioner’s tax                  
          refunds, refunds obtained by Mr. Hoyt through the preparation of            
          petitioner’s tax returns.  Petitioner never inquired into how the           
          large deduction and credits were calculated, and she never                  
          questioned their legitimacy.  We find that petitioner’s actions--           
          with respect to the investment and with respect to the items on             
          her tax return and tentative refund claim--reflect a lack of due            
          care and a failure to do what a reasonable or ordinarily prudent            
          person would do under the circumstances.  We therefore hold that            
          petitioner was negligent within the meaning of section 6653 with            
          respect to the entire amount of the deficiency in each year in              
          issue.                                                                      
















Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011