William R. and Betty O. Bass - Page 8




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               In Lopez v. Commissioner, supra, as in this case, the                  
          partnership in which the taxpayers invested had signed a                    
          Stipulation to be Bound by the outcome of Utah Jojoba I Research.           
          Petitioners have not shown any facts that would distinguish this            
          case from the others involving jojoba plant ventures.                       
               Section 6653(a)(1) imposes an addition to tax in an amount             
          equal to 5 percent of the underpayment of tax if any part of the            
          underpayment is due to negligence or intentional disregard of               
          rules or regulations.  Section 6653(a)(2) imposes another                   
          addition to tax in an amount equal to 50 percent of the interest            
          due on the portion of the underpayment attributable 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 like circumstances.  See Anderson v. Commissioner,           
          62 F.3d 1266, 1271 (10th Cir. 1995), affg. T.C. Memo. 1993-607;             
          Neely v. Commissioner, 85 T.C. 934, 947 (1985).  The focus of               
          inquiry is the reasonableness of the taxpayer’s actions in light            
          of the taxpayer’s experience and the nature of the investment.              
          See Henry Schwartz Corp. v. Commissioner, 60 T.C. 728, 740                  
          (1973); see also Sacks v. Commissioner, 82 F.3d 918, 920 (9th               
          Cir. 1996) (whether a taxpayer is negligent in claiming a tax               
          deduction “depends upon both the legitimacy of the underlying               
          investment, and due care in the claiming of the deduction.”),               







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